Colorado Springs Criminal Defense For Forgery Crimes

If you have been charged with identity theft, forgery or fraud, it is vitally important to consult with an experienced professional. A lawyer can help you understand the charges against you and your legal options. At the Law Offices of Clifton Black, PC, our Colorado Springs criminal defense lawyers have decades of combined experience. They can guide you through the criminal court proceedings and provide you with proper and competent representation.

What Are The Colorado Forgery Crimes?

In the state of Colorado, forgery crimes can range from a misdemeanor to a felony depending on the circumstances of the case. Creating forged documents is a forgery crime, but it is not the only one. They can also be simultaneously charged with possession of such documents.

Usually, forgery crimes are committed in one of three possible ways:

• Counterfeiting
• Forging someone’s signature
• Altering documents

A person can also be charged with forgery if there was an intent to defraud and “such person falsely makes, completes, alters, or utters a written instrument” that appears to be issued by a government or government agency (See Colo. Rev. Stat. § 18-5-102). Most often, forgery is charged as a Class 5 felony in Colorado, which can affect your freedom and your future.

Forgery As A White Collar Crime

As a white collar offense, forgery is usually charged in conjunction with several other crimes, such as fraud charges. If you are facing forgery charges, it is imperative to retain an experienced criminal defense attorney to understand the charges, criminal proceedings and process.

The offense of forgery is defined as the activity of falsifying official documents, completing, altering, or offering a written document as true with the intention to defraud or deceive. The charges and penalties for forgery under Colorado law depend on the type of documents used to commit the offense (See Colo. Rev. Stat. §18-5-102). In addition, forgery can be charged in two ways: first-degree forgery and second-degree forgery (See Colo. Rev. Stat. §18-5-104).

First-Degree Forgery Charges And Penalties

First-degree forgery is a type of fraud, and an individual commits forgery in the first degree if he or she makes or uses falsified documents or instruments with the intention to deceive or defraud. Under C.R.S. §18-5-102, a first-degree charge is a Class 5 felony punishable by one (1) to three (3) years in prison and a fine ranging from $1,000 to $100,000.

First-degree forged documents can include:

• Stocks, bonds, or other instruments representing an interest in or claims against a corporate or other organization or its property
• Deeds, wills, contracts, legal documents or other instruments that may affect a legal right, interest, obligation, or status
• Public records or other instruments required by law to be filed or legally fileable with a public office or public servant
• Lottery tickets or shares under article 40 of title 44
• Identification documents
• Money, stamps, or other documents issued by a government or government agency
• Tokens, certificates, or other articles that are used for public transportation, to purchase property, or for services available to the public for compensation

However, under C.R.S. §18-5-104, a second degree is a Class 1 misdemeanor, which carries six (6) to eighteen (18) months in jail and/or having to pay a hefty fine. Also, the defendant is committing criminal activity if he or she knows that an instrument is forged and intends to deceive someone with it. Colorado law defines second-degree forgery as falsifying documents other than the types of documents under first-degree forgery. Some examples of second-degree forgery include making a fake letter of recommendation, falsifying a signature or altering information on a financial application.

Forgery As A Federal Offense

Forgery is a crime that can fall under the jurisdiction of the federal government. In addition, 8 U.S. Code § 1324c details the regulations and laws surrounding counterfeiting and forgery. It addresses the forgery of military documents and other documents issued by a government agency or the federal government.

Possession Of Forged Documents

An associated crime with forgery is possession of forged documents, fraud and identity theft. It is not only a crime to create a false document but also to be knowingly in possession of such a document. Criminal possession of second-degree forged documents is a Class 2 misdemeanor, which consists of three (3) to twelve (12) months in jail and/or having to pay a fine ranging from $250 to $1,000 (See Colo. Rev. Stat. §18-5-104).

In addition, it is also a Class 6 felony to possess any type of documents classified as first-degree documents and to knowingly possess equipment that is designed to forge documents. The penalty for a Class 6 felony consists of serving one (1) year to eighteen (18) months in prison and extensive fines.

Consult A Colorado Forgery Defense Attorney

If you are facing accusations of forgery, you should take these allegations very seriously. A criminal record can hinder your future opportunities for employment, housing and much more.

Our experienced criminal defense attorneys are available for confidential initial consultations. To schedule an appointment, you can contact us at 719-328-1616 or by scheduling an appointment online.