Uttering a Forged Instrument
Uttering a forged instrument in Florida refers to the act of knowingly using, presenting, or attempting to use a forged or counterfeit document with the intent to defraud someone. This crime involves not just the creation of a false document (which would be considered forgery) but the act of passing or presenting that document as legitimate.
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The crime of uttering a forged instrument is governed by Florida Statutes § 831.02.
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Definition of Uttering a Forged Instrument:
Under Florida law, uttering a forged instrument occurs when a person:
1. Knowingly offers, publishes, or uses a forged or counterfeit document.
2. Intends to defraud another person or entity by presenting the forged document as genuine.
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Common Examples of Uttering a Forged Instrument:
- Presenting a forged check at a bank to withdraw funds.
- Passing a fake ID or other false identification documents.
- Using a forged deed or title to transfer property.
- Submitting a fraudulent prescription to a pharmacy.
- Using a counterfeit money order to make a purchase.
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Penalties for Uttering a Forged Instrument:
In Florida, uttering a forged instrument is typically classified as a third-degree felony. The penalties for this offense can include:
- Imprisonment: Up to **5 years in prison.
- Probation: Up to 5 years of probation.
- Fines: Up to $5,000.
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In addition to these legal penalties, a conviction for uttering a forged instrument can have long-lasting consequences, such as a permanent criminal record, difficulties in securing employment or housing, and potential damage to one's reputation.
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Defenses to Uttering a Forged Instrument:
Several defenses may be available to someone charged with uttering a forged instrument in Florida, depending on the facts of the case:
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1. Lack of Knowledge: The defendant may argue that they were unaware that the document was forged or counterfeit and did not intend to defraud anyone.
2. No Intent to Defraud: The defendant may claim that they did not have the specific intent to deceive or defraud another person or entity when they presented the document.
3. Coercion or Duress: If the defendant was forced or coerced into uttering the forged instrument, this could be a defense.
4. Mistaken Identity: The defendant may argue that they were wrongly identified as the person who uttered the forged instrument.
Importance of Legal Representation:
Because uttering a forged instrument is a serious felony offense in Florida, it is crucial for anyone facing such charges to seek legal representation from an experienced criminal defense attorney. An attorney can evaluate the evidence, challenge the prosecution's case, and work to reduce or dismiss the charges.
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In summary, uttering a forged instrument in Florida involves knowingly presenting a forged or counterfeit document with the intent to defraud. It is a third-degree felony, with penalties including up to 5 years in prison, probation, and fines. Legal representation is essential to defend against these charges and protect your rights.