What Should You Know About North Carolina Laws on Forgery and Uttering?

Signing someone else’s name, altering a check, or using a document you know is fake might seem like something out of a movie, but accusations of forgery and uttering are serious matters in North Carolina. These charges often fall under the umbrella of “white collar” or financial crimes and can arise in many different situations, from cashing a bad check to creating a fake ID or altering business records. If you’re facing these accusations in Greensboro, Winston-Salem, Burlington, or anywhere nearby, you probably have a lot of questions.

What exactly do these terms mean? What kind of trouble could you be in? How can you defend yourself? Here at Huggins Law Firm, our team understands that people facing forgery or uttering charges are often worried about their future and reputation. We have years of experience helping clients navigate North Carolina’s Criminal Law system, and we know these cases often hinge on intent and specific details.This page will explain the basics of forgery and uttering in North Carolina. For information on other types of financial crimes, check out our main guide: Understanding White Collar & Financial Crimes in North Carolina.

What’s the Difference Between Forgery and Uttering in NC?

Although they often happen together and are related, forgery and uttering are technically two separate crimes under North Carolina law.

• Forgery: This is the act of falsely making or altering a written document or instrument with the intent to defraud someone. This could involve:
  • Signing someone else’s name to a check, contract, or other legal document without their permission.
  • Changing the dollar amount or the “Pay to” name on a check.
  • Creating a fake document from scratch, like a fake ID, diploma, or title deed.
  • Falsifying entries in business records or accounting ledgers.
• Uttering: This is the act of offering, passing, or attempting to use a document that you know is forged, again, with the intent to defraud. This could involve:
  • Trying to cash a check you know has a fake signature.
  • Presenting a fake ID to buy alcohol or enter a bar.
  • Using a forged prescription to try and get medication.
  • Submitting altered invoices to an employer for reimbursement.

Think of it this way: Forgery is creating the fake; Uttering is using the fake. You can be charged with forgery even if you never actually use the document, and you can be charged with uttering even if you weren’t the person who originally created the fake document (as long as you knew it was fake when you tried to use it). Prosecutors often charge both crimes if the evidence supports it.

What Laws Cover Forgery and Uttering in North Carolina?

North Carolina has several specific laws dealing with different types of forgery and uttering, mostly found in Article 17 of Chapter 14 of the NC General Statutes. Some key ones include:

• § 14-119: Forgery of notes, checks, and securities. This statute makes it a crime to forge or counterfeit things like bank notes (money), checks, money orders, or securities (like stocks or bonds).
• § 14-120: Uttering forged paper or instrument. This law makes it illegal to pass or attempt to pass any of the forged items mentioned in § 14-119 (or other forged documents) knowing they are fake, with intent to defraud.
• Other statutes cover forging specific documents like deeds, wills, court records, or public seals.

What Level of Crime is It? Most common forgery and uttering offenses under § 14-119 and § 14-120 are classified as Class I felonies in North Carolina. While this is the lowest level of felony, a conviction still carries serious potential consequences:

• Possible jail time (ranging from probation to several months in jail, depending on prior record).
• Significant fines.
• Restitution (paying back any money obtained fraudulently).
• A permanent felony criminal record.
• Difficulty finding employment, especially in jobs requiring trust or handling money.
• Potential impact on professional licenses.

The key element in almost all forgery and uttering cases is proving intent to defraud. This is often the main point a skilled criminal defense lawyer will challenge.

What Does “Intent to Defraud” Mean and Why Is It So Important?

This is the absolute heart of most forgery and uttering cases. The prosecutor doesn’t just need to show that you signed someone else’s name or used an altered document. They must prove, beyond a reasonable doubt, that you did it with the specific purpose of deceiving someone to cause them harm or gain an unfair advantage.

Without proving fraudulent intent, there might not be a crime. Consider these examples:

• Signing your spouse’s name on a check with their permission to pay a bill is generally not forgery because there’s no intent to defraud.
• Making a photocopy of a document and jokingly altering it for a friend, with no intention of ever using it for a real purpose, likely lacks fraudulent intent.
• Making an honest mistake when filling out a form, even if the information is incorrect, isn’t forgery if there was no intent to deceive.

How Does a Lawyer Challenge Intent? A good defense lawyer will closely examine the circumstances surrounding the alleged forgery or uttering:

• Did you have permission or believe you had permission? (Authority)
• Was there an actual attempt to deceive, or was it an obvious joke or error?
• Did you gain anything from the act? (While not strictly required, showing lack of personal gain can sometimes weaken the argument for fraudulent intent).
• Were your actions consistent with someone trying to defraud, or someone making a mistake?

Because proving someone’s state of mind can be difficult, challenging the element of “intent to defraud” is often the best defense strategy in these cases.

A Stat Often Overlooked: While high-tech digital forgery gets a lot of attention, traditional check forgery and alteration remain surprisingly common, especially targeting elderly individuals or small businesses. Law enforcement agencies still dedicate significant resources to investigating these “paper” crimes. Furthermore, the rise of sophisticated printers and software has made creating convincing fake IDs and documents easier than ever, leading to increased uttering charges among younger people trying to buy alcohol or get into bars. (Source: FBI Financial Crimes Reports often detail various fraud typologies).

What Are Some Defenses a Lawyer Might Use in a Forgery or Uttering Case?

If you’re facing forgery or uttering charges in Greensboro, Winston-Salem, or anywhere in the Piedmont Triad, it’s crucial to speak with a criminal defense lawyer right away. They can evaluate the specific facts of your case and determine the strongest defenses. Besides challenging the “intent to defraud,” other potential defenses include:

1. Lack of Knowledge (for Uttering): If you are charged with uttering, the prosecution must prove you knew the document was forged when you tried to use it. If you genuinely believed the check or document was legitimate, you may have a defense. For example, if someone paid you with a forged check and you tried to deposit it without knowing it was bad.
2. Authority/Consent: Did you actually have permission to sign the document or alter it? If you can show you were acting as an authorized agent (e.g., with a power of attorney, or clear verbal permission that can be corroborated), then there was no forgery.
3. Mistake of Fact: Did you make a genuine mistake without any intent to deceive? For example, accidentally writing the wrong amount on a form.
4. Duress or Coercion: Were you forced to create or pass the forged document under threat of harm? This is rare but can be a defense.
5. Illegal Search or Seizure: If the police obtained the forged document or other evidence against you through an illegal search that violated your constitutional rights, your lawyer can file a motion to suppress that evidence, potentially getting the case dismissed.
6. Identification Issues: Can the prosecution definitively prove you were the person who created the forgery or attempted to pass the uttered instrument? Was there video evidence? A reliable witness?

An experienced lawyer will explore all possible angles to protect your rights and fight the charges.

Why You Need a Lawyer Familiar with North Carolina Financial Crimes

Forgery and uttering cases can quickly become complicated. They often involve detailed document analysis and require a lawyer who understands how to challenge the crucial element of intent. Hiring a lawyer who frequently handles Criminal Law cases, including financial crimes, in the local courts (like those in Guilford, Forsyth, or Alamance counties) offers significant advantages.

A knowledgeable lawyer can:

• Meticulously review the documents in question.
• Analyze the prosecution’s evidence regarding your alleged intent.
• Identify weaknesses in the state’s case.
• Negotiate effectively with the prosecutor, potentially for dismissal or reduced charges.
• Advise you on the potential consequences and the best path forward.
• Represent you forcefully in court if the case goes to trial.

The team at Huggins Law Firm understands the nuances of North Carolina forgery and uttering laws and has the experience to defend your rights effectively. If you’re looking for a criminal lawyer “near me” in the Piedmont Triad area, we are here to help.

Key Takeaways for North Carolina Forgery & Uttering Charges

• Forgery = Falsely making/altering a document with intent to defraud.
• Uttering = Using a document you know is forged, with intent to defraud.
• Both are typically Class I felonies in NC, carrying potential jail time and a permanent record.
• Proving “intent to defraud” is essential for the prosecution and a key area for defense.
• Defenses can include lack of intent, lack of knowledge (for uttering), authority/consent, or illegal evidence gathering.
• These charges can damage your reputation and future employment prospects severely.
• Do not talk to the police about the documents without a lawyer.
• Contacting an experienced NC criminal defense lawyer immediately is critical.

Call to Action:

Accusations of forgery or uttering can threaten your freedom and your future. Don’t face these serious felony charges alone. The experienced Criminal Law team at Huggins Law Firm defends clients in Greensboro, Winston-Salem, and throughout the Piedmont Triad. We will meticulously examine the evidence and fight to protect your rights. Contact us today for a confidential consultation.