Is Forgery a Felony in Minnesota?
Forgery is a serious crime that can lead to severe legal consequences. You might be asking: Is forgery a felony in Minnesota?
In Minnesota, forgery is typically charged as a felony, but in some cases, it may be classified as a misdemeanor or gross misdemeanor, depending on the severity of the offense and the amount of financial harm caused.
With decades of experience defending forgery cases in Minnesota, I’ve helped clients understand their legal options and fight for the best possible outcome. Let’s explore how forgery charges are classified and what penalties you may face.
What Are the Types of Forgery in Minnesota?
There are two types of forgery offenses under Minnesota law: forgery and aggravated forgery. If you’re asking is forgery a felony in Minnesota, you might not already know the difference. Most of the time, these charges are considered to be felonies. Prosecutors take forgery allegations seriously, and you can count on an aggressive prosecution if you are arrested on these charges.
The good news is that forgery claims are often defensible. It is not uncommon for the police to make an arrest for forgery based on a genuine misunderstanding. While any felony arrest is concerning, the attorney of Gerald Miller could help you fight back against a forgery charge.
What Is the Difference Between Forgery and Identity Theft?
Forgery and identity theft are often confused, but they are legally distinct crimes in Minnesota.
Forgery involves falsifying or altering documents, while identity theft involves unlawfully using another person’s personal information for financial gain.
Key Differences Between Forgery and Identity Theft
| Crime | Definition | Examples | Potential Sentence in Minnesota |
|---|---|---|---|
| Forgery | Creating, altering, or using a false document with intent to defraud | Signing someone else’s name on a check, falsifying legal documents | Up to 10 years in prison (depending on the degree) |
| Identity Theft | Using someone else’s personal information without their consent | Using stolen credit card details, opening accounts in another person’s name | Up to 20 years in prison (if financial loss is high) |
Both crimes can overlap, particularly when forged documents are used to assume another person’s identity. Prosecutors may charge a defendant with both crimes, significantly increasing penalties.
Forgery Is a Felony Offense in Minnesota
Forgery is generally treated as a felony in Minnesota. Upon a conviction, you could face as much as three years in state prison, a fine of no more than $5,000, or a combination of the two. The court has wide latitude on how to determine the sentence for a forgery conviction. The penalties for a forgery conviction increase in cases that involve the use of forged evidence in a felony trial. If convicted under these circumstances, you could face up to five years in prison and a fine of no more than $10,000.
There is also latitude for the prosecutor on how to approach this offense. Instead of a broad statute designed to cover an array of criminal acts, Minnesota forgery laws set out seven specific acts that qualify as forgery. They include:
- uses a false writing, knowing it to be false, for the purpose of identification or recommendation; or
- without consent, places, or possesses with intent to place, upon any merchandise an identifying label or stamp which is or purports to be that of another craftsperson, tradesperson, packer, or manufacturer, or disposes or possesses with intent to dispose of any merchandise so labeled or stamped; or
- falsely makes or alters a membership card purporting to be that of a fraternal, business, professional, or other association, or of any labor union, or possesses any such card knowing it to have been thus falsely made or altered; or
- falsely makes or alters a writing, or possesses a falsely made or altered writing, evidencing a right to transportation on a common carrier; or
- destroys, mutilates, or by alteration, false entry or omission, falsifies any record, account, or other document relating to a private business; or
- without authority of law, destroys, mutilates, or by alteration, false entry, or omission, falsifies any record, account, or other document relating to a person, corporation, or business, or filed in the office of, or deposited with, any public office or officer; or
- destroys a writing or object to prevent it from being produced at a trial, hearing, or other proceeding authorized by law.
Aggravated Forgery Offense in Minnesota
Like standard forgery, aggravated forgery is also considered a felony under state law. That said, the penalties for aggravated forgery are much higher. A conviction can lead to a prison term of up to ten years, a fine of no more than $20,000, or a combination of the two.
Proving aggravated forgery typically requires the fabrication of official documentation. This offense is typically reserved for efforts to forge government documents including court orders or other public records. It also covers the attempt to create or fraudulently alter corporate seals, bank records, or certificates. It is likewise a violation to possess these documents with the intent to use them to defraud another person. Finally, aggravated forgery also covers the possession of items intended to make these false reproductions.
Is Forgery a Federal Crime? When Does It Become a Federal Offense?
Forgery is typically handled at the state level, but certain factors can escalate the charge to federal court.
Forgery becomes a federal crime when it involves U.S. government documents, financial instruments, securities, postal fraud, or identity theft across state lines.
When Does Forgery Become a Federal Crime?
- Forgery of U.S. government documents, such as passports, Social Security cards, or military IDs
- Forgery of financial instruments, including bonds, treasury checks, and money orders
- Counterfeiting of currency or financial securities
- Forgery involving the U.S. Postal Service, such as mail fraud schemes
- Identity theft that crosses state lines or involves federal agencies
Federal forgery charges carry harsher penalties, including up to 20 years in prison for certain offenses. If a case involves multiple fraudulent documents, penalties can multiply, making strong legal representation essential.
What Are the Defenses Against a Forgery Charge in Minnesota?
Forgery is a serious offense, but several legal defenses may be available depending on the circumstances.
Common defenses against a forgery charge in Minnesota include lack of intent, lack of knowledge, mistaken identity, entrapment, and insufficient evidence.
Defensive Strategies for Forgery Charges
- Lack of Intent – The prosecution must prove that the defendant intended to defraud someone. If intent is missing, a conviction may not stand.
- Lack of Knowledge – If the accused did not know the document or object was forged, they may have a viable defense.
- Mistaken Identity – In some cases, a forged document may have passed through multiple hands before being discovered, leading to false accusations.
- Entrapment – If law enforcement induced someone to commit forgery, it may be possible to challenge the charge.
- Insufficient Evidence – If prosecutors cannot prove beyond a reasonable doubt that the accused created or knowingly used a forged document, the case may be dismissed.
Because forgery cases often rely on documents, handwriting analysis, and expert testimony, challenging the evidence effectively requires an experienced criminal defense attorney.
Discuss Your Forgery Case With Gerald Miller
Forgery charges can cover a wide range of conduct. From fake paintings to forged public records, this offense is generally treated harshly by state prosecutors. Unfortunately, many forgery cases also stem from simple misunderstandings. If you’re asking is forgery a felony in Minnesota, you might want to seek counsel.
It is not uncommon for a person to face a criminal charge for an item they did not know was forged. Proving to the prosecution that you were unaware of the authenticity of the item or document in question can be difficult without the guidance of an experienced attorney.
The lawyers of Gerald Miller understand the ins and outs of forgery cases in Minnesota. If you have been arrested, do not delay in seeking the legal counsel you deserve. Call (612) 341-9080 right away to set up your initial consultation for free.
Further Reading:
- Can Forgery Charges Be Dropped in MN?
- What is Uttering Forgery?
- What Happens When You Get Charged with Forgery in Minnesota?
- What Are the Three Types of Forgery?
- How to Get Forgery Charges Dismissed in Minnesota
References:
- Minnesota Statutes – Forgery Laws – Official Minnesota statute outlining forgery offenses and penalties.
- FBI – Federal Forgery and Fraud Crimes – Information on federal forgery crimes and investigative procedures.
- U.S. Department of Justice – Identity Theft and Fraud – Overview of federal fraud and identity theft laws.
- Minnesota Judicial Branch – Expungement Information – Details on expungement eligibility and process for criminal records in Minnesota.
