Forgery


What is Forgery?

In the State of Michigan, MCL § 750.248, makes it a felony to create a false document, alter an existing document, or knowingly use a false document with the intent to injure or defraud another person. For a prosecutor in the state of Michigan to obtain a felony conviction for forgery on a defendant, they must prove the following elements beyond a reasonable doubt. First, that the document in question was falsely made, altered, forged, or counterfeited. Second that the defendant was actually the person who altered the document. Lastly, that when the defendant committed this forgery, their intent was to defraud or cheat someone. It is important to note that for the prosecution to successfully obtain a conviction the forgery need not be successful. Rather, having the intent to defraud or injure someone is enough to be prosecuted and convicted of forgery.

Forgery is a very serious criminal charge and is a felony punishable by up to 14 years in a Michigan prison. Court’s take forgery seriously, as often times, a defendant accused of forgery has allegedly altered, or attempted to alter government documents. The consequences of a forgery conviction on someone’s criminal record can be detrimental. Forgery is a crime of dishonesty, which can have a lasting affect on someone’s career and reputation in the community. It is critical that a forgery charge be taken seriously and addressed by an experienced criminal defense team.

MCL § 750. 248
750.248 Making, altering, forging, or counterfeiting public record; intent; felony; penalty; exception; venue. Sec. 248.

(1) A person who falsely makes, alters, forges, or counterfeits a public record, or a certificate, return, or attestation of a clerk of a court, register of deeds, notary public, township clerk, or any other public officer, in relation to a matter in which the certificate, return, or attestation may be received as legal proof, or a charter, will, testament, bond, writing obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange, promissory note, or an order, acquittance of discharge for money or other property, or a waiver, release, claim or demand, or an acceptance of a bill of exchange, or indorsement, or assignment of a bill of exchange or promissory note for the payment of money, or an accountable receipt for money, goods, or other property with intent to injure or defraud another person is guilty of a felony punishable by imprisonment for not more than 14 years. (2) This section does not apply to a scrivener's error. (3) The venue in a prosecution under this section may be in the county in which the forgery was performed; in a county in which a false, forged, altered, or counterfeit record, instrument, or other writing is uttered and published with intent to injure or defraud; or in the county in which the rightful property owner resides.
MCL § 750.249
750.249 Forgery of records and other instruments; uttering and publishing; exception. Sec. 249.

(1) A person who utters and publishes as true a false, forged, altered, or counterfeit record, instrument, or other writing listed in section 248 knowing it to be false, altered, forged, or counterfeit with intent to injure or defraud is guilty of a felony punishable by imprisonment for not more than 14 years. (2) This section does not apply to a scrivener's error.
MCL § 750.250
750.250 Forgery of notes issued for debt of state or political subdivisions. Sec. 250.

Forgery of notes, etc., issued for debt of state—Any person who shall falsely make, alter, forge or counterfeit any note, certificate, bond, warrant or other instrument, issued by the treasurer or other officer authorized to issue the same, of this state, or any of its political subdivisions or municipalities, with intent to injure or defraud as aforesaid, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 7 years.
MCL § 750.251
750.251 Forgery of bank bills and promissory notes. Sec. 251.

Forgery of bank bills and notes—Any person who shall falsely make, alter, forge, or counterfeit any bank bill or promissory note payable to the bearer thereof, or to the order of any person, issued by this state, or any of its political subdivisions or municipalities or by any incorporated banking company in this state, or in any of the British provinces of North America, or in any other state or country, or payable therein, at the office of any banking company incorporated by any law of the United States or of any other state, with intent to injure or defraud any person, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 7 years.
MCL § 750.251
750.250 Forgery of notes issued for debt of state or political subdivisions. Sec. 250.

Forgery of notes, etc., issued for debt of state—Any person who shall falsely make, alter, forge or counterfeit any note, certificate, bond, warrant or other instrument, issued by the treasurer or other officer authorized to issue the same, of this state, or any of its political subdivisions or municipalities, with intent to injure or defraud as aforesaid, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 7 years.
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