In August, Florida State Representative Carolina Amestesy was indicted on forgery charges. In 2021, Amnesty allegedly notarized a document for her family’s non-profit school with a forged signature. The Florida State Attorney indicted Amestesy on four charges of forgery.
Under Florida, you can be charged with forgery if you falsely made, altered, or counterfeited a document with the intent of defraud or harming another person.
Criminal Defense Attorney for Hernando County
If you are considering a qualified defense attorney, the Law Office of Ashley Aulls, P.A. can represent you in any hearing in Hernando County, Pasco County, Citrus County, and Sumter County, FL. To schedule your initial case consultation with Brooksville defense lawyer Ashley Aulls, call (352) 593-4115 today.
Forgery Information Center
What is Forgery?
Under Florida Statute 831.01, forgery is defined as the act of falsely making, altering, or counterfeiting a document with the intent to defraud or harm another person. This includes creating a fake document, altering an existing one, or signing someone else’s name without their permission. Some examples include:
-
Check Forgery
- Scenario: A person steals a checkbook, writes checks to themselves, and forges the account holder’s signature. They then cash the forged checks at a local bank.
- Result: The individual could be charged with forgery, theft, and possibly fraud, as they altered and used the checks with the intent to deceive and steal money.
-
Fake Identification Documents
- Scenario: A person creates a fake driver’s license or passport to use for illegal activities, such as buying alcohol underage or committing identity theft.
- Result: Producing or using fake IDs is considered forgery under Florida law, and the person could face criminal charges for possessing and using forged documents.
-
Real Estate Deed Forgery
- Scenario: Someone forges a homeowner’s signature on a real estate deed to transfer property ownership to themselves or another party without the owner’s knowledge.
- Result: This type of forgery is particularly serious because it involves property theft, and the forger could face additional charges like fraud or grand theft, depending on the value of the property.
-
Prescription Forgery
- Scenario: A person alters or creates a fake doctor’s prescription to obtain controlled substances, such as painkillers or other medications.
- Result: Forging a prescription is a serious crime in Florida, not only because it involves forgery but also due to the potential drug-related charges. The person could be charged with both forgery and drug fraud.
-
Forging a Will
- Scenario: A person alters or creates a fake version of a will to change the distribution of an estate, either by adding themselves as a beneficiary or changing the terms to benefit someone else.
- Result: If caught, the forger could face criminal charges and legal consequences, especially in probate court, for attempting to manipulate the legal document for personal gain.
-
Tax Document Forgery
-
- Scenario: A person forges tax documents, such as W-2 forms or tax returns, to obtain a fraudulent tax refund.
- Result: This kind of forgery involves federal and state charges, as it includes filing false documents with the IRS and could lead to charges for both forgery and tax fraud.
Penalties for Forgery
In Florida, forgery is a serious criminal offense, and the penalties can vary depending on the circumstances of the case. Generally, forgery is classified as a third-degree felony under Florida law. The specific penalties include:
-
Third-Degree Felony
Forgery in Florida is typically charged as a third-degree felony. This covers acts such as falsifying documents with the intent to defraud, including checks, contracts, deeds, public records, and more.
- Penalties for Third-Degree Felony Forgery:
- Prison: Up to 5 years in a Florida state prison.
- Probation: Up to 5 years of probation, which may include regular reporting, drug testing, and other conditions.
- Fines: Up to $5,000 in fines.
- Restitution: The court may require the defendant to pay restitution to the victim for any financial loss caused by the forgery.
-
Additional Charges and Penalties
In many cases, forgery is part of a larger scheme, such as fraud or identity theft, which can lead to additional charges and penalties. For example:
- Uttering a Forged Instrument (Florida Statute 831.02): This is the act of knowingly using or passing a forged document (like cashing a forged check). It is also a third-degree felony with the same penalties (up to 5 years in prison and $5,000 in fines).
- Fraud or Theft Charges: If the forgery is part of a financial scheme, you could face theft or fraud charges in addition to forgery, which could increase penalties significantly.
-
Federal Charges
If the forgery involves certain types of documents (like federal tax documents, passports, or Social Security cards) or crosses state lines, the case may be prosecuted under federal law. Federal forgery penalties are often more severe and can involve:
- Prison: Up to 10 years or more for forgery of certain federal documents.
- Fines: Significantly higher fines than under state law.
-
Collateral Consequences
A conviction for forgery in Florida can also result in other long-term consequences, such as:
-
- A permanent criminal record, making it harder to find employment or housing.
- Loss of professional licenses for careers that require background checks.
- Ineligibility for certain government benefits or programs.
Defenses Against Forgery
Several possible defenses can be used in a forgery case in Florida, depending on the facts of the situation. The defense strategy generally focuses on showing that the defendant did not have the intent to commit forgery, or that they were falsely accused. Here are some common defenses:
-
Lack of Intent to Defraud
One of the key elements of forgery is the intent to defraud. The prosecution must prove that the defendant knowingly forged a document with the specific intention to deceive or harm someone for personal gain. If the defendant can show that they did not have this intent, it could be a strong defense.
- Example: A person signs someone else’s name on a document, but without the intention to deceive anyone or gain a benefit. Perhaps they believed they had permission to sign the document.
-
Consent or Authorization
If the defendant can prove that they had the consent or authorization of the person whose name or signature was used, then the forgery charge might not hold up. This defense can be particularly useful in cases where there is a misunderstanding between the parties involved.
- Example: A person is accused of forging a signature on a check, but they can provide evidence that the check owner gave them permission to sign on their behalf.
-
No Knowledge of Forgery
To be convicted of forgery, the defendant must have known that the document or signature was fake. If they unknowingly passed or used a forged document, they may not be criminally liable.
- Example: A person receives a fake check, not knowing it was forged, and tries to cash it. Since they were unaware that it was forged, this could be a defense.
-
Mistaken Identity or False Accusation
Sometimes, defendants may be falsely accused or mistakenly identified as the person responsible for the forgery. This defense often relies on proving that someone else was responsible for the crime.
- Example: Someone uses a stolen ID to commit forgery, and the rightful owner of the ID is wrongfully accused.
-
Lack of Sufficient Evidence
In any criminal case, including forgery, the prosecution must prove the charges beyond a reasonable doubt. If the evidence is weak, incomplete, or unreliable, the defense can argue that the prosecution has not met its burden of proof.
- Example: If there’s no concrete evidence linking the defendant to the alleged forgery, such as unclear handwriting or lack of witnesses, the defense can challenge the credibility of the case.
-
Document Was Not Forged
A valid defense to a forgery charge is proving that the document in question was not forged at all. This could involve showing that the document is genuine or that any alterations made were legitimate and authorized.
- Example: A person is accused of altering a contract, but they can provide proof that the changes were agreed upon and done legally.
-
Coercion or Duress
In some cases, the defendant might admit to committing the forgery but argue that they were forced to do so under threat of harm (duress). If someone is coerced into committing forgery, they may not be held criminally responsible.
- Example: A person is forced to forge a signature on a contract under the threat of violence.
-
Entrapment
If law enforcement or another party induced the defendant to commit forgery, and the defendant would not have otherwise committed the crime, the entrapment defense may apply. However, this defense is difficult to prove and requires showing that the idea to commit the crime came from law enforcement and not from the defendant.
-
- Example: Police set up a sting operation and convince someone to participate in a forgery they would not have otherwise done.
Additional Resources
Florida Statute 831.01: Florida Statute defines forgery as whoever falsely makes, alters, forges, or counterfeits a document.
Florida State Attorney Press Release: Official press release of Florida State Representative, Carolina Amestesy, being indicted on charges of forgery.
Criminal Defense Attorney for Hernando County
If you or a loved one has been charged with forgery do not hesitate to contact the Law Office of Ashley Aulls at (352) 593-4115. Ashley Aulls can represent you in any hearing in Hernando County, Pasco County, Citrus County, and Sumter County, FL. To schedule your initial case consultation with Brooksville defense lawyer Ashley Aulls, call (352) 593-4115 today.