In Maryland, there are a variety of charges within fraud offenses. Forgery is a specific type of fraud. If a person is facing forgery charges, it is essential to speak with a Maryland forgery lawyer right away.

An experienced fraud attorney can provide assistance to you during this process. You can begin building a strong defense case and work with a dedicated attorney who can represent you in court and challenge the evidence on your behalf. Forgery charges range from misdemeanors to felonies and it is important to have sound legal representation.

What is Forgery?

The crimes of counterfeiting and forgery are listed within several sections of the law. For example, the Annotated Code of Maryland Criminal Law §8-601 describes the crime of forgery of private documents.  The law forbids the creation of a document or an alteration of a writing with the intent to defraud. It could be the title to a vehicle, a check, a will, or another type of written document.

Other sections of the law deal specifically with forging the signature of a judge or state employee and forging prescriptions. A conviction for forgery can carry harsh penalties and significantly limit your future opportunities for employment, housing, education, and credit. You could lose or be ineligible for a security clearance, be denied a professional license, and it could affect your immigration status. A Maryland criminal attorney could work to understand your particular circumstances and resolve the charge in a way that preserves your future opportunities to the extent possible.

Conduct That Could Lead to Forgery Charges

Various types of conduct with respect to important documents could lead to a forgery charge.  The document must be significant, and the purpose of the forgery usually involves an intent to achieve financial gain. The false writing could be an entire document (counterfeiting), just the signature, or an alteration of the original document. The critical factor is that the conduct must intend to defraud.

Forgery could be the signing of someone else’s name to a check; it could be the alternation of a check that was already written, but the person makes some sort of significant change to it. It could be signing somebody else’s name to the title to a piece of property or to an item like a motor vehicle title. Regardless of the specifics of the alleged forgery, it is essential to work with a defense attorney with substantial experience in Maryland courts.

Common Examples of Related Charges

Depending on the circumstances, acts that allegedly involve forgery could also lead to other charges. Prosecutors typically bring as many potentially applicable charges as possible to increase the potential penalties and their leverage in plea negotiations.

For example, if you are accused of forging a signature on a mortgage application, you could be charged with mortgage fraud and bank fraud. If you allegedly forged a signature on the release of a mechanic’s lien, you could be charged with theft.

A Maryland attorney who works frequently with local prosecutors understands how they make their charging decisions in forgery cases. Their defense strategy will encompass all the charges and strive for a dismissal or exoneration on each.

Penalties If You Are Convicted of Forgery

The penalties if you are convicted of forgery are wide-ranging. They depend on the specific crime, whether you have any prior convictions, and other factors. For instance, if you are convicted of  forging private documents, a misdemeanor, the sentence would be not greater than three years in jail. If you are convicted under Maryland Criminal Law § 8-606.1, forging the signature of a judge or court employee, you could face up to five years in jail. If the prosecutor brings a felony forgery charge and you are convicted, the maximum penalty is 10 years in prison. Since there is a wide range of fraud penalties for forgery, determining the potential consequences in a specific case can be complicated. You should consult an experienced Maryland forgery lawyer to fully understand the penalties associated with the charges you face.

For something on the lowest end of the spectrum, it would be a misdemeanor. That is not greater than three years all the way up to a felony with the maximum penalty of 10 years. It depends on whether they committed the actual forgery. If they counterfeited something, it is considered one type of penalty. Committing the forgery is more serious, but it is also a crime for someone to possess a forged document and know that it is forged. That also is a separate crime, but it is a lesser penalty. Since there is a wide range of fraud penalties for forgery, it can be a complicated case, and the person should consult an experienced Maryland forgery lawyer.

Evidence Must Prove Each Element of the Charge

Every crime consists of components or elements that a prosecutor must prove to establish that an accused committed the crime.

For forgery generally, the prosecutor must prove that:

• A forged or altered document exists or existed
• You created the false document or altered an existing one
• You acted to create or alter the document with the intent to defraud

Depending on the specific type of forgery charge you face, there may be additional elements the prosecutor must establish with evidence.

Typically, the prosecutor would need to produce the document to demonstrate the forgery. They must also produce credible evidence that you were the person who created or altered it. This could be testimony from someone who saw you commit the forgery or knew you were planning it,  records from your computer, or an expert opinion from a handwriting expert.

The prosecution also would need substantial circumstantial evidence showing that your intent was to obtain some financial or other benefit through the forgery. 

A savvy Maryland forgery lawyer could look at the evidence to decide whether the state has everything that they need to prove each and every element of the offense. It is important to remember that the defendant is presumed innocent. It is the state’s burden to prove each element of the crime and prove it beyond a reasonable doubt.

Work With a Maryland Attorney If You Face a Forgery Charge

It is important for you to have a Maryland forgery lawyer who is experienced not just in what the laws are, but a litigator who is used to going into a court and used to doing that sort of analysis about evidence. An experienced criminal lawyer can negotiate on your behalf and ensure you understand your rights during an investigation and hearing. Contact us at Price Benowitz, LLP for a free case evaluation as soon as you are arrested or learn you are being investigated for forgery.