Uttering a Forged Instrument

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Uttering a Forged Instrument in Oklahoma is identical to forgery. It occurs when a person knowingly publishes, or “utters” a forged or altered document, writing, or other financial instrument, which is then placed into the general public for circulation. To utter something is to offer a forged instrument with the representation that it is genuine, and can be accomplished by words or actions.

Oklahoma Statute

The statute for Uttering a Forged Instrument is OKLA. STAT. tit. 21 § 1592, which states that every person who, with intent to defraud, utters or publishes as true any forged, altered or counterfeited instrument or any counterfeit gold or silver coin, the forging, altering or counterfeiting of which has previously been declared to be punishable, knowing such instrument or coin to be forged, altered or counterfeited, is punishable as follows:

  • If the value of the instrument is less than One Thousand Dollars ($1,000.00), the person shall be guilty of forgery as a misdemeanor punishable by imprisonment in the county jail not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
  • If the value of the instrument is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be guilty of forgery as a felony punishable by imprisonment in the custody of the Department of Corrections not to exceed two (2) years, or in the county jail not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
  • If the value of the instrument is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be guilty of forgery as a felony punishable by imprisonment in the custody of the Department of Corrections not to exceed five (5) years, or in the county jail not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; and
  • If the value of the instrument is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be guilty of forgery as a felony punishable by imprisonment in the custody of the Department of Corrections not to exceed eight (8) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.

Elements of the Crime

In order to be convicted of Uttering a Forged Instrument in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:

1) offering or publishing as genuine;

2) a false writing having legal significance, or a false coin;

3) known by the defendant to be false;

4) with the intent to defraud.

Oklahoma Jury Instruction #5-72.

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Uttering a Forged Instrument in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.

Contact – Cannon & Associates: Oklahoma Criminal Defense

Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.

 


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