Best Forgery Attorney In Dayton Near You
Forging another’s name onto a check, ID card, tax return or any other important financial document is a crime in Ohio. Normally, the crime of forgery is connected to acts of fraudulence. Because of this, the state of Ohio has imposed harsh penalties for people convicted of forgery. Charges can lead to a high-class misdemeanor or even a felony conviction if you’re not careful.
Using another person’s name or signature could lead to criminal charges. If you or someone you know has been accused of forgery, it’s crucial you have experienced legal representation on your side. Having legal representation will keep you one step ahead of the prosecution and will give you a chance to formulate a strong defense for your case.
Contact A Dayton Attorney for Forgery Charges in Ohio
Forgery is a type of fraud that can result in stiff fines and even time spent in prison. We recommend you secure trusted legal representation before your case moves any further. You can find skilled and compassionate defense lawyers at Joslyn Law Firm. We actively represent people who have been accused of forgery or other types of larceny-related crime.
Joslyn Law Firm is a group of passionate and knowledgeable defense lawyers who practice in the southern Ohio region. Our team of legal professionals understands how daunting the judicial system can be, especially to a first-time offender. We want to provide guidance as well as a formidable defense to ensure you get the best possible result for your case.
If you are looking for more information from a forgery attorney in Dayton contact the Joslyn Law Firm online or call us now at (937) 356-3969 to set up your first consultation completely free. Joslyn Law Firm represents people throughout the greater Montgomery County area including Dayton, Miamisburg, Vandalia, Englewood, and Centerville. Speak with a forgery lawyer near you today!
Information Center For Forgery in Ohio
- What is Considered Forgery Under Ohio Law?
- Ohio Penalties for Forgery
- Statute of Limitations for Forgery
- Additional Resources
- Contact A Felony and Misdemeanor Lawyer in Dayton, OH
What Is Considered Forgery Under Ohio Law?
A person can commit forgery in various ways. It can range from signing a check in another person’s name to using a fake identification card at the bar. An incident can be considered forgery if you created any sort of imitation of another person’s signature, writing or creating a fake photo I.D. with the intent to defraud others.
According to the Ohio Revised Code § 2913.31 an individual can be charged with a forgery offense if they commit any of the following for the purpose of defrauding another person or for the facilitation of a fraud:
- Forging the writing of another person without their permission;
- Forging any writing that states the signature was executed at a time or place different than where it was actually executed;
- Forging any writing that presents itself as genuine, but is really counterfeit;
- Forging writing that has different terms than the original document;
- Utter or possess with purpose to utter writing that you know has been forged;
- Forging an identification card also known as a fake I.D.; or
- Sells or distributes a fake I.D. with the knowledge it’s counterfeit
Ohio Revised Code defines the term “utter” as any person issuing, publishing, using, transferring, delivering, displaying, or sending a document into circulation that has been forged.
Ohio Penalties for Forgery Charges
The legal consequences for a forgery charge depend on the circumstances of the crime; what was forged, what was obtained through the act, and if the victim suffered any losses. Forgery charges can range from a 1st-degree misdemeanor, punishable with up to 180 days in jail to a 2nd-degree felony, with jail time of up to 8 years in prison.
Forging fake identification cards for the purpose of using, distributing, or selling is a first-degree misdemeanor. The maximum penalties for a first-degree misdemeanor forgery charge include:
- A possible fine up to $1,000; and potential jail time up to 180 days.
If you have a prior conviction for creating fake I.D’s, then you’ll be obligated to pay a mandatory fine of up to $250.
Simple forgery Is when there is no property, services, or other losses taken from the victim. A simple forgery charge in Ohio can result in a fifth-degree felony, which is punishable by:
- A possible fine up to $2,500; and up to 12 months in prison.
When property or services are involved or the victim experiences a loss, then it’s possible the judge will enhance the penalties for forgery.
Some examples of these include forgery involving a real estate document or fraudulent piece of land, services that were never enacted on, or the victim suffering from money being taken due to forged checks. Penalties for these complex forgery cases depend on the amount of money that was involved.
If the victim suffered any type of loss up to $7,500, then the charges are enhanced to a fifth-degree felony. The penalties for a fifth-degree forgery felony include:
- A possible fine up to $2,500; and up to 12 months in prison.
Losses between $7,500 and $150,000 will enhance the offense to a fourth-degree forgery felony, which is punishable by the following:
- A possible fine up to $5,000; and up to 18 months in prison.
Forgery offenses involving losses of $150,000 or more are charged as a third-degree felony. The maximum consequences for a third-degree forgery felony include:
- A possible fine of up to $10,000; and up to 5 years in prison.
Cases of fraud involving an elderly person or disabled adult with losses of $37,000 or more are bumped up to a second-degree felony. The maximum penalties for a second-degree forgery felony include:
- A possible fine of up to $20,000; and up to 8 years in prison
What Is The Statute of Limitations For Forgery in Ohio?
All crimes have a deadline known as the statute of limitations. It is essentially a time limit for prosecutors to file charges against a person for committing a crime. Once the statute of limitations has passed the court will bar the district attorney from filing charges. In Ohio, the statute of limitation for a misdemeanor forgery offense is two years.
If the crime is considered to be minor, then the state will only have six months to prosecute. However, most forgery cases are seen as serious crimes in the eyes of the court. A felony forgery charge has a longer statute of limitation of up to four years.
Additional Resources About Forgery in Ohio
Ohio’s Fraud Laws – Visit the official website to learn more about Ohio’s laws on theft and fraud. Access the Ohio Revised Code to learn more about passing bad checks, motion picture piracy, counterfeiting, forgery, misusing credit cards and counterfeit documents.
Fraud.Org – Visit the official website for Fraud.Org, a project by the National Consumers League to spread awareness of fraudulent practices used in the United States. Access their site to learn more about their Fraud Alert System (FAS) and how it works to help people across the U.S.
Forgery Cases in Ohio
State v. Koller, 2014-Ohio-450 — Brandon Jack Koller was indicted in May 2013 on one count of receiving stolen property and two counts of forgery, and he pled guilty one month later to one count of receiving stolen property and one count of forgery. The court sentenced Koller to nine months in prison on each count to be served consecutively for a total of 18 months imprisonment, but Koller argued in his appeal that the trial court erred in its sentencing. The Twelfth District Court of Appeals concluded that the trial court erred when it sua sponte (Latin for “of his, her, its or their own accord”) declared portions of Ohio Revised Code § 2929.13 unconstitutional without providing appellant notice or an opportunity to be heard, vacating Koller’s sentence and remanding the case for a new sentencing hearing during which the parties should be given notice and the opportunity to respond regarding the constitutionality of Ohio Revised Code § 2929.13.
State v. Haddox, 2016-Ohio-3368 — On September 9, 2011, a 23-count indictment was filed against Gregory Haddox charging him with the predicate offense of engaging in a pattern of corrupt activities, which included 15 counts of forgery as well as grand theft, theft of elderly persons, possession of criminal tools, theft, and passing bad checks. On May 18, 2012, Haddox entered guilty pleas to seven counts of forgery, one count of grand theft, one count of theft of elderly persons (aggregated with four individuals), one count of possession of criminal tools, and one count of theft, and he was sentenced to five years of community control and ordered to pay $102,285.35 in restitution. At a hearing on January 23, 2015, Haddox was found to have violated his community control and it was terminated, resulting in the court ordering a 28-month sentence be served consecutively to a 30-month sentence for 58 months of imprisonment. Haddox contended in his appeal that the trial court erred in failing to reduce his penalties and punishments for multiple fourth-degree felonies due to the 2011 enactment of House Bill 86 which, inter alia, increased values for determining the level of theft offenses—specifically, that three forgery counts which had loss values below $7,500 should have been amended to fifth, rather than fourth-degree felonies. The Sixth District Court of Appeals
Contact A Felony and Misdemeanor Lawyer in Dayton, OH
Have you or someone you know been accused of forgery in the Montgomery County area? The attorneys at Joslyn Law Firm can help. We provide effective and efficient defenses for our clients who have been accused of fraud, forgery or theft. Using our resources, we can create a sturdy defense to fight for your rights.
Pick up the phone and dial (937) 356-3969 to learn more about our practice. We will sit with you, answer your questions and do whatever’s needed to assist in your case. Joslyn Law Firm accepts clients throughout the greater Dayton area including Brookville, Englewood, Miamisburg, and Centerville.
This article was last updated on July 25, 2019.