What Is Uttering A Forged Instrument?

Are you curious to know what is uttering a forged instrument? You have come to the right place as I am going to tell you everything about uttering a forged instrument in a very simple explanation. Without further discussion let’s begin to know what is uttering a forged instrument?

Uttering a forged instrument is a serious crime that involves knowingly presenting a document or object that is known to be fraudulent or forged. This crime is also commonly known as “uttering a false document” or “uttering a forged instrument”. In this blog, we will discuss what uttering a forged instrument is, the elements of the crime, and the potential penalties for committing this offense.

What Is Uttering A Forged Instrument?

Uttering a forged instrument is the act of knowingly presenting a fraudulent or forged document or object with the intent to defraud someone. The document or object can be any type of legal instrument, such as a check, bond, promissory note, or deed. The crime of uttering a forged instrument typically involves presenting the document or object to a financial institution, a business, or an individual in order to obtain something of value, such as money or property.

Elements Of The Crime

In order to be convicted of uttering a forged instrument, the prosecution must prove the following elements of the crime:

Knowledge: The defendant must have known that the document or object was fraudulent or forged.
Presentation: The defendant must have presented the document or object to another person or entity with the intent to defraud.
Intent To Defraud: The defendant must have had the intent to deceive the other person or entity into providing something of value.

Potential Penalties

Uttering a forged instrument is a serious crime that can result in significant penalties. The severity of the penalties will depend on the specific circumstances of the case and the laws of the state where the crime was committed. In general, the penalties for uttering a forged instrument can include fines, restitution, probation, and imprisonment. The length of imprisonment can range from a few months to several years, depending on the severity of the crime and any prior criminal history of the defendant.

Conclusion

Uttering a forged instrument is a serious crime that can have significant consequences. If you are accused of uttering a forged instrument, it is important to seek the advice of an experienced criminal defense attorney who can help you understand your rights and defend your case. By understanding what uttering a forged instrument is, the elements of the crime, and the potential penalties, you can better protect yourself and your future.

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FAQ

What Is An Example Of A Forged Instrument?

Further, New York State penal law defines the “forged instrument” very broadly and can include medical records, computer programs, state-issued identification, and credit cards, among many other examples.

What Is The Difference Between Forging And Uttering?

Uttering and forgery were both common law offenses derived from English and American common law. Forgery is the creation and fabrication of a document with the intent to defraud, while uttering is the passing or publication of a forged document that someone else had made with the intent to defraud.

What Is An Example Of Uttering?

Uttering is passing that document to someone with the intent to defraud. So, if you made a counterfeit $100 bill, that would be a forgery. If you gave that counterfeit bill to a convenience store in exchange for groceries, that would be uttering.

What Is The Law In Oklahoma For Uttering A Forged Instrument?

Uttering a forged instrument occurs when a person offers as genuine a false writing which the person knows is false and which is offered with the intent to defraud. B. Any person convicted of uttering a forged instrument shall be guilty of a felony punishable by imprisonment for not more than twenty (20) years.

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