Is Forgery a Misdemeanor or Felony in Minnesota?
You may be wondering, is forgery a misdemeanor or felony in Minnesota? In California, forgery is a wobbler, allowing prosecutors to choose between felony or misdemeanor charges.
Forgery in Minnesota is classified as a felony. According to Minnesota law, a person commits felony forgery by falsely making or altering documents with the intent to defraud. Penalties can include imprisonment for up to five years and fines up to $10,000, depending on the severity of the offense.
Forgery Laws and Penalties in Minnesota
A felony forgery conviction in Minnesota can result in up to fifteen years in prison, though sentences are often shorter, ranging from several months to years. Misdemeanor forgery may lead to up to 364 days in county jail, fines, and probation. The most serious misdemeanor is a gross misdemeanor.
In other states, forgery penalties vary: In Texas, forgery is usually a misdemeanor unless used to obtain property or services. California treats forgery as a wobbler, charging misdemeanors if the amount is $950 or less with no prior offenses. North Carolina classifies forgery of financial transaction cards under $500 as a Class 2 misdemeanor, while forged instruments over $500 in six months can be a Class I felony.
Pennsylvania’s first-degree misdemeanor forgery carries up to five years in prison and fines up to $10,000. Third-degree felony forgery involving wills or contracts can lead to seven years in prison and similar fines. Felony forgery fines range from $1,000 to $20,000 depending on severity.
North Carolina considers forging or counterfeiting financial instruments a Class G felony. Fines depend on the value involved; minor offenses face lower fines, while large-scale counterfeiting can lead to prison and steep penalties.
Gross misdemeanor forgery fines range from $300 to $3,000, while lesser misdemeanors carry fines between $100 and $1,000, typically for small-value offenses.
What Is Misdemeanor Forgery in Minnesota?
Under Minnesota law, the following actions may constitute misdemeanor forgery:
- Falsely making or altering a written instrument, such as a check. For instance, creating or modifying a check, money order, contract, or other legal instrument, with the intent to defraud.
- Presenting, using, or offering a forged document as genuine, such as a counterfeit bill.
- Possessing a forged instrument with the intent to defraud. For example, if the search of a suspect’s vehicle turns up several counterfeit bills, the police may allege that the defendant possessed them with the intent to pass the counterfeit bills as real ones.
It’s important to note that the classification of forgery as a misdemeanor depends on the specific circumstances, the value of the item forged, and the defendant’s criminal history, if it exists. Aggravating factors induce the prosecution to charge the forgery case as a gross misdemeanor or felony.
Gross Misdemeanor Forgery in Minnesota
As with a standard misdemeanor forgery charge, falsely making, altering, or presenting a written instrument with the intent to defraud may lead to this charge. However, the enhanced level is due to an aggravating circumstance, such as multiple offenses, larger value items, and a criminal history.
Additionally, the fraudulent use or possession of personal identifying information counts as an aggravating factor, making the defendant eligible for the enhanced charge. For example, it is a gross misdemeanor (at the minimum) to possess someone else’s personal identifying information, such as their social security number or driver’s license, with the intent to commit forgery or fraud.
Felony Forgery in Minnesota
Felony forgery is the starting level of the big leagues. These crimes typically carry three or more years in prison, depending on the criminal history of the defendant.
In Minnesota, a person commits felony forgery when they, with intent to injure or defraud an individual, do one of the following:
- Intentionally presents a forged document for the purpose of identification or recommendation.
- Without legal authorization, the defendant placed an identifying label or stamp on merchandise to claim it is the product of another tradesperson, manufacturer, craftsperson, or packer, or disposed of such merchandise.
- Falsely prints or alters a membership card for a labor union, business, or other association with the intent to defraud.
- Possessing a known forged membership card for a labor union, business, or other association.
- Falsified a document that indicates a right to transportation on a common carrier.
- With intent to defraud, destroys, mutilate, or falsify a record, account, or other document relating to a private business
- Without legal authority, destroys, mutilates, or falsifies a record, account, or other document relating to a person or business. Also, destroying, mutilating, or falsifying a document pertaining to a public office or officer.
- Destroying a writing or object to prevent it from being produced at a legal proceeding.
Aggravated Felony Forgery in Minnesota
Aggravated felony forgery is the biggest of the big leagues in Minnesota forgery crimes. Crimes of this magnitude can land a defendant in Stillwater or another penitentiary for up to 10 years and result in fines of up to $20,000. Felony forgery charges punishable by up to ten years in prison can occur for forged items like postage or money in Pennsylvania. In Pennsylvania, this is classified as a second-degree felony.
Aggravated Felony Charges in Minnesota include the following circumstances:
- Falsifying the official seals or seals of a corporation
- Falsifying public records
- Falsifying official returns or certificates entitled to be received as evidence of their contents;
- Falsifying court orders, judgments, processes, or decrees;
- Falsifying records or accounts of a public body, office, or officer; or
- Falsifying records or accounts of a bank or person with whom state funds are deposited or entrusted.
In North Carolina, a Class I felony involves forging corporate stock certificates with the intent to defraud someone.
- Falsifying the official seals or seals of a corporation
- Falsifying public records
- Falsifying official returns or certificates entitled to be received as evidence of their contents;
- Falsifying court orders, judgments, processes, or decrees;
- Falsifying records or accounts of a public body, office, or officer; or
- Falsifying records or accounts of a bank or person with whom state funds are deposited or entrusted.
What Does the State Need to Prove to Win a Forgery Conviction in Minnesota?
To win a forgery conviction in Minnesota, the state must prove four critical elements beyond a reasonable doubt.
- Making a false document, altering, or using an utterance to defraud, such as a check, money order, contract, or other legal document. For example, the state proves this element if it has evidence that the defendant told someone a false document was real, even if the defendant did not himself make or alter it.
- Fraudulent intent. The state must prove beyond a reasonable doubt that the defendant acted with the intention to deceive or defraud another person or entity. The prosecution must prove that the defendant had knowledge of the falsity or alteration of the instrument and intended to use it to obtain some benefit or harm to the victim. The benefit sought can be monetary or some other type.
- Knowledge of the forgery. The state must prove beyond a reasonable doubt that the defendant knew or should have reasonably known that the instrument was forged or altered. For instance, the state can prove this element through testimony from an accomplice that the defendant was aware that the document was fraudulent.
Defenses Against Forgery Charges
A charge of forgery and a conviction are two separate things. If you are falsely charged with forgery, remember that the burden of proof resides with the state. It must have sufficient evidence that you were aware the document in question was forged and attempted to pass it off as genuine, intending to defraud someone and gain a benefit or harm the victim.
Many forgery charges have weak evidence. Also, the evidence the prosecution purports to prove forgery may be contestable, ruled out of evidence by the judge, or be shown to be doubtful, requiring that the court or jury find reasonable doubt.
Common forgery defenses include the following: Common defenses against forgery charges include lack of intent and lack of knowledge.
Lack of Intent
The state must prove intent. People receive forged documents and believe them to be real all the time. For example, you may have passed a counterfeit bill without realizing it. You received the bill in circulation and passed it innocently.
Lack of Knowledge
The defense can argue a lack of knowledge. The state must prove the defendant knew that the document was forged or was aware elements of it were forged. This defense might apply if you were given the document by someone else and had no reason to suspect its authenticity.
Mistaken Identity
False accusations of forgery occur because of mistaken identity. The defendant may assert that he was not the person who committed the act. The defense might introduce supporting evidence, such as alibis or witness testimonies.
Affirmative Forgery Defenses
Affirmative defenses work by acknowledging that the defendant committed the act but must be found not guilty because of a circumstance that explains the conduct did not constitute a crime. For instance, self-defense is a standard affirmative defense to a battery charge. In a forgery case, the following affirmative defenses sometimes apply:
Coerced or Forced Actions
If you can demonstrate that you were coerced or forced into committing the forgery under duress, it may serve as a defense. This defense may require providing evidence or witness testimony to support your claim.
Mental Incapacity
If you had a mental impairment or lacked the mental capacity to understand the consequences of your actions, it could potentially be used as a defense. This defense often requires expert testimony to establish your mental state during the alleged forgery.
Materiality
The forged instrument must have legal significance or value. The state must prove the forgery involved an item affecting legal rights or obligations.
For example, a parody driver’s license meant as a joke is not forgery, as there is no intent to defraud.
Forgery charges in Minnesota range from misdemeanors to felonies, with penalties varying based on the case. The state must prove beyond a reasonable doubt that the defendant knowingly made or possessed the forged instrument with intent to defraud. Often, prosecutors’ cases lack strong evidence.
In Colorado, forgery can also be charged as a felony or misdemeanor depending on the circumstances.
Need Expert Help? Contact a Skilled Criminal Defense Lawyer Today
Gerald Miller, P.A., specializes in forgery defense. His firm fights for the rights of the accused and gets results by challenging the state’s evidence and presenting affirmative defenses. Establishing an attorney-client relationship with a defense lawyer is crucial when facing forgery charges.
If you face forgery charges, contact Gerald Miller, P.A., now.
Related Content:
- What Happens When You Get Charged with Forgery in Minnesota?
- Can Forgery Charges Be Dropped in MN?
- How to Get Forgery Charges Dismissed in Minnesota
- What Are the Three Types of Forgery?
