Forgery
Forging any writing or possessing a forged writing can lead to a person facing forgery charges in Ohio. Forgery is a felony offense that can involve serious penalties, including lengthy prison sentences and significant fines.
The grades of forgery offenses can be enhanced when the value of the property or services involved exceeds certain amounts or alleged victims are elderly persons or disabled adults. Innocent people can be charged with forgery simply for possessing documents they did not know were forged or believing they were authorized to sign checks or other documents.
Lawyer for Forgery Arrests in Dayton, OH
If you were arrested for an alleged forgery in Montgomery County, it will be in your best interest to exercise your right to remain silent until you have legal representation. Joslyn Law Firm aggressively defends clients accused of white collar crimes in communities throughout Greene County, Clark County, Miami County, and Montgomery County.
Brian Joslyn is an award-winning criminal defense attorney in Dayton who can fight to possibly get your criminal charges reduced or dismissed. He can review your case and help you understand all of your legal options when you call (937) 356-3969 to take advantage of a free initial consultation.
Ohio Forgery Crimes Information Center
- How can people be charged with forgery?
- What are the consequences of forging identification cards or selling or distributing forged identification cards?
- Where can I find more information about forgery in Dayton?
Forgery Penalties in Montgomery County
Ohio Revised Code § 2913.31(A) makes it illegal for an alleged offender to, with purpose to defraud, or knowing that he or she is facilitating a fraud, do any of the following:
- Forge any writing of another person without the other person’s authority;
- Forge any writing so that it purports to be genuine when it actually is spurious, or to be the act of another who did not authorize that act, or to have been executed at a time or place or with terms different from what in fact was the case, or to be a copy of an original when no such original existed; or
- Utter, or possess with purpose to utter, any writing that the alleged offender knows to have been forged.
Forgery offenses are classified as follows, based on the value of the property or services or the loss to the alleged victim:
- Less than $7,500 — Fifth-degree felony punishable by up to 12 months in prison and/or a fine of up to $2,500;
- $7,500 or more, but less than $150,000 — Fourth-degree felony punishable by up to 18 months in prison and/or a fine of up to $5,000; or
- $150,000 or more — Third-degree felony punishable by up to 60 months in prison and/or a fine of up to $10,000.
If the alleged victim of a forgery is an elderly person or disabled adult, offenses are classified as follows:
- Less than $1,000 — Fifth-degree felony punishable by up to 12 months in prison and/or a fine of up to $2,500;
- $1,000 or more, but less than $7,500 — Fourth-degree felony punishable by up to 18 months in prison and/or a fine of up to $5,000;
- $7,500 or more, but less than $37,500 — Third-degree felony punishable by up to 60 months in prison and/or a fine of up to $10,000; or
- $37,500 or more — Second-degree felony punishable by up to eight years in prison and/or a fine of up to $15,000.
Dayton Forging Identification Card Penalties
Under Ohio Revised Code § 2913.31(B), an alleged offender commits the crime of forging identification cards or selling or distributing forged identification cards if he or she knowingly forges an identification card or sells or otherwise distributes a card that purports to be an identification card, knowing it to be forged. Identification card is defined as “a card that includes personal information or characteristics of an individual, a purpose of which is to establish the identity of the bearer described on the card, whether the words ‘identity,’ ‘identification,’ ‘identification card,’ or other similar words appear on the card.”
A first offense for forging identification cards or selling or distributing forged identification cards is a first-degree misdemeanor punishable by up to 180 days in jail and/or a fine of up to $1,000. If an alleged offender has been previously convicted of forging identification cards or selling or distributing forged identification cards, any subsequent offense is still a first-degree misdemeanor but the court must impose a fine of at least $250.
Ohio Forgery Offense Resources
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
Joslyn Law Firm | Dayton Forgery Defense Attorney
Were you arrested in the Miami Valley area for any kind of alleged forgery offense? Do not say anything to authorities without legal counsel. Contact Joslyn Law Firm as soon as you can.
Dayton criminal defense lawyer Brian Joslyn represents individuals all over Montgomery County, including Kettering, Piqua, Springfield, Troy, Beavercreek, Dayton, Fairborn, Huber Heights, and many other surrounding areas. Call (937) 356-3969 or fill out an online contact form to have our attorney provide a complete evaluation of your case during a free, confidential consultation.
