Forgery Charges in Miami: Penalties and Defense Strategies

Forgery Charges in Miami: Penalties and Defense Strategies

Getting charged with forgery in Miami can be scary. The penalties are serious—up to 5 years in prison! But there are good defenses too. This article will explain everything you need to know if you or a loved one is facing forgery charges in Miami.

What is Forgery?

Forgery is when someone makes or changes a document to try to defraud someone. The document has to be something important legally, like a check, contract, will, or government ID. Just signing someone else’s name on something silly like a greeting card is not forgery. But signing their name on a check to steal their money – that’s forgery!

Types of Forgery

There are a few different types of forgery charges in Florida:

• Forgery – Making a fake document from scratch
• Altering a Real Document – Changing a real document to make it false
• Uttering Forged Documents – Passing/using a forged document

You can be charged with multiple types of forgery for the same crime. Like if you made a fake check, changed the amount, and tried to cash it – that could be forgery, alteration, and uttering!

Penalties for Forgery in Miami

Forgery is a third-degree felony in Florida. The penalties are:

• Up to 5 years in prison
• Up to 5 years probation
• Up to $5,000 in fines

Judges have some flexibility on sentencing. They can give probation instead of prison if it’s a less serious case. But they can also give the maximum 5 year prison sentence.

One exception – if the forged check is for $150 or less, it’s a first-degree misdemeanor. That’s still serious but not as bad. The penalties are up to 1 year in jail and $1,000 fine.

Federal Charges

If the forgery involves federal documents like passports or mail, or crosses state lines, you could face federal charges too. This is very serious. Federal forgery charges carry up to 10-15 years in prison!

Defenses Against Forgery Charges

There are a few good defenses that a Miami forgery lawyer may use to fight the charges against you:

Lack of Intent

Forgery requires intent to defraud the victim. If you can show you lacked intent, it’s not forgery. For example, signing someone’s name on a document you didn’t know was fake.

Document Had No Legal Value

If the document couldn’t legally affect anyone’s rights, it may not qualify as forgery. For example, forging a movie ticket wouldn’t be forgery under the law.

You Were Forced/Coerced

If you can show you were forced or coerced into committing the forgery, this can be a defense. For example, if someone threatened you unless you forged a document for them.

Mistake of Fact

If you mistakenly thought you had permission to sign the document or that it was legitimate, this could help show lack of intent.

You’re the Victim

If someone forged your signature to a document without your permission, you may actually be the victim, not the criminal.

Finding the Right Lawyer

Don’t go through forgery charges alone. A skilled Miami criminal defense lawyer can argue these defenses on your behalf and may be able to get the charges reduced or dismissed. When choosing a lawyer, look for these qualities:

• Experience with forgery cases
• Knowledge of Florida forgery laws
• Willingness to fight aggressively in court
• Good track record getting charges dismissed
• Affordable rates and payment plans

Also make sure you feel comfortable with the lawyer and can openly discuss your case. Trust your gut – if a lawyer seems sketchy, keep looking.

What Happens Next If Charged?

If you’ve been charged with forgery, here’s a quick overview of what happens next:

1. You’ll be arrested and booked into jail, then have a chance to post bail/bond to get released until your court dates.
2. In the next 21 days, the prosecution must formally file charges against you.
3. You’ll be arraigned where charges are read and you enter a plea of guilty, not guilty or no contest.
4. Your lawyer will request evidence from the prosecution through the discovery process.
5. Your lawyer may negotiate with the prosecution to get charges reduced or dismissed.
6. If no plea deal reached, your case will go to trial.

Having an experienced criminal defense lawyer to guide you through the process is critical.

Conclusion

Being charged with forgery in Florida is very serious and can ruin your life if not handled properly. Don’t wait to find an experienced Miami forgery defense lawyer you trust. A skilled attorney can argue defenses like lack of intent and mistake of fact to potentially get your charges dismissed or reduced to a misdemeanor. Don’t leave your future up to chance – fight back with a top lawyer by your side!