What Penalties Do You Face If You’re Convicted of Forgery in North Carolina?

What Documents Can Be Involved in the Crime of Forgery?

Forgery is a white-collar crime that involves possessing or using a false document to commit fraud. The law is very broad and makes it a crime to forge many types of documents, such as:

Financial documents, such as checks, banknotes, or other types of currency

Wills

Leases and deeds

Promissory notes or other documents for the payment of money or the delivery of goods

Corporate bonds, stocks, and securities

Licenses, educational certificates, diplomas, or other similar documents

What Is the Crime of Forgery?

Forgery involves using a document to create a misrepresentation with the goal of obtaining a benefit. The elements of the crime that must be proven include:

A person modified or altered an existing document or created a new one.

The document has legal significance. This can be established by showing that it has value, represents another document that has value, or signifies an ownership interest.

The creation or alteration of the document was material, which means that the legal impact of the document has been changed.

The person intended to defraud another party by misrepresenting the nature of the document and knew that the other party would rely on it. However, the victim does not have to actually rely on the forged document for the crime to be committed.

Types of Forgery and Punishments in North Carolina

There are many ways that an individual can commit the crime of forgery, and the punishment will depend on the type of forgery crime committed. Here are common offenses and the penalties if convicted:

Forged Instruments

If a person creates, alters, or possesses a forged instrument, the crime is a Class I felony. The punishment is a fine of 4 to 10 months in prison, a fine to be set by the judge, or both.

The penalty is more serious if an individual is convicted of transporting five or more forged documents. This crime is a Class G felony that carries a penalty of 4 to 25 months in prison and a fine.

Wills, Deeds, and Leases

Forging a will, lease, deed, or other similar document is a Class H felony. The penalty is five to 20 months in prison, a fine, or both.

Corporate Securities

Creating, altering, or possessing a forged corporate security would be charged as a Class I felony. If convicted, a person faces the same penalties as for a forged instrument crime.

Educational Certificates

If the forgery involves educational certificates, the crime would also be charged as a Class 1 misdemeanor. However, the punishment would also be less severe—up to 45 days in jail and a fine.

Uttering a Forged Instrument

Uttering a forged document involves cashing, transferring, endorsing, or otherwise using a forged instrument. It is a Class H felony and has the same potential penalty as forging a will, lease, or deed.

Selling a Forged Item

Selling or transferring a forged item for cash or other items of value is also a Class H felony. The punishment would be the same as for the other Class H felonies listed above.

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