First Degree Forgery
A person commits forgery in the first degree when he or she knowingly makes under O.C.G.A. Section 16-9-1(a), alters, or possesses any writing in a fictitious name or in such manner that the writing purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority, and utters or delivers such writing with the intent to defraud. First degree forgery applies specifically to writings that purport to have been made by a governmental entity or to documents that carry significant legal weight, including deeds, wills, codicils, contracts, assignments, commercial instruments, credit cards, checks drawn on government accounts, and any other document that creates, transfers, terminates, or otherwise affects a legal right, interest, or obligation.
Consider this scenario: You sign someone else’s name on a check with their verbal permission but without written authorization. This may still constitute forgery in Georgia if the instrument is used to deceive a third party.
The offense is a felony carrying one to ten years imprisonment under O.C.G.A. Section 16-9-1(b). Forgery in the first degree is classified as a specific intent crime, requiring proof that the defendant acted with the subjective intent to defraud.
Second and Third Degree Forgery
Second degree forgery under O.C.G.A. Section 16-9-2 covers the same conduct as first degree forgery but applies to writings other than those specified in the first degree statute, including personal checks, private letters, business records, and other instruments that do not involve governmental authority or significant legal rights. Second degree forgery is a felony carrying one to five years imprisonment. Third degree forgery under O.C.G.A. Section 16-9-3 applies to fictitious or forged instruments not covered by the first or second degree statutes and serves as a catch-all provision. Third degree forgery is a misdemeanor carrying up to twelve months imprisonment. The degree classification depends entirely on the nature of the document forged, not on the amount of fraud intended or the harm caused.
Proving Forgery
The state must prove beyond a reasonable doubt that the defendant knowingly made, altered, or possessed a forged writing; that the writing purports to have been made by another person, at another time, with different provisions, or by unauthorized authority; and that the defendant uttered or delivered the writing with the intent to defraud. The making element requires proof that the defendant created or altered the document. The uttering element requires proof that the defendant delivered or attempted to pass the forged document to another as genuine. A person who knowingly passes a document forged by someone else is guilty of forgery by uttering even though he or she did not create the forged document. Both the maker and the utterer may be separately prosecuted and convicted.
Intent to Defraud
The intent to defraud element is essential and may be inferred from the totality of the circumstances, including the nature of the document, the manner in which it was presented, the defendant’s knowledge of the document’s falsity, and the defendant’s statements and conduct. The state need not prove that anyone was actually defrauded; the intent to defraud is sufficient regardless of whether the fraud succeeded. Your defense attorney should challenge the intent element when the document was created for a non-fraudulent purpose, such as use as a prop, joke, or demonstration, when the defendant had no knowledge that the document was forged, or when the defendant did not present the document to anyone in an attempt to deceive.
Forgery by Making vs. Forgery by Uttering
Georgia law distinguishes between forgery by making and forgery by uttering, which constitutes separate criminal acts even though both may be charged under the same statute. Forgery by making is complete when the defendant creates or alters the forged document with intent to defraud, regardless of whether the document is ever presented to another. Forgery by uttering requires the additional act of delivering or presenting the forged document as genuine. A defendant who both creates and passes a forged document may be charged with both making and uttering, though merger under O.C.G.A. Section 16-1-7 may apply to prevent multiple punishments when both charges arise from the same transaction.
Defeating Forgery Allegations
Effective defenses include challenging whether the document is actually forged by retaining a qualified questioned document examiner to analyze handwriting, signatures, ink, paper, and printing characteristics; establishing that the defendant had authorization to execute the document on behalf of another; demonstrating that the defendant lacked knowledge that the document was forged when he or she possessed or passed it; challenging the intent to defraud by showing a non-fraudulent purpose; and presenting evidence that the defendant did not utter or deliver the document. The statute of limitations for first degree forgery is four years from the date of the offense or discovery under the applicable provisions of O.C.G.A. Section 17-3-1, and your attorney can evaluate whether the limitations period has expired, particularly in cases involving delayed discovery of the forgery.