Forgery Defense in Oklahoma City
First Degree Forgery
First Degree Forgery can occur in two way: in wills and deeds, and in Public Securities. “altering” means to materially change a document, check or instrument. Public Securities are a negotiable or transferable instrument issued or purporting to have been issued under the authority of this State, by virtue of any law thereof, which promises the payment of money.
The statute for First Degree Forgery with regard to wills and deeds is OKLA. STAT. tit. 21 § 1561, which states “Every person who, with intent to defraud, forges, counterfeits or falsely alters: Any will or codicil of real or personal property, or any deed or other instrument being or purporting to be the act of another, by which any right or interest in real property is, or purports to be, transferred, conveyed or in any way changed or affected; or, Any certificate or endorsement of the acknowledgment by any person of any deed or other instrument which by law may be recorded or given in evidence, made or purporting to have been made by any officer duly authorized to make such certificate or endorsement; or, Any certificate of the proof of any deed, will, codicil or other instrument which by law may be recorded or given in evidence, made or purporting to have been made by any court or officer duly authorized to make such certificate, is guilty of forgery in the first degree.”
The statute for First Degree Forgery with regard to Public Securities is OKLA. STAT. tit. 21 § 1562, which states “Every person who, with intent to defraud, forges, counterfeits, or falsely alters: Any certificate or other public security, issued or purporting to have been issued under the authority of this state, by virtue of any law thereof, by which certificate or other public security, the payment of any money absolutely or upon any contingency is promised, or the receipt of any money or property acknowledged; or Any certificate of any share, right or interest in any public stock created by virtue of any law of this state, issued or purporting to have been issued by any public officer, or any other evidence of any debt or liability, of the people of this State, either absolute or contingent, issued or purporting to have been issued by any public officer; or, Any endorsement or other instrument transferring or purporting to transfer the right or interest of any holder of any such certificate, public security, certificate of stock, evidence of debt or liability, or of any person entitled to such right or interest; is guilty of forgery in the first degree.”
Elements of the Crime
In order to be convicted of First Degree Forgery 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:
For Wills and Deeds:
1) making, signing, or altering to make;
2) a false will, will codicil, deed, instrument affecting an interest in real property, acknowledgement of an instrument that may be recorded or given in evidence, or certificate of proof of a deed, will, will codicil, instrument that may be recorded or given in evidence.
3) with the intent to defraud.
Oklahoma Jury Instruction #5-58.
For Public Securities:
1) making, signing, or altering to make;
2) a false public security for the payment of money, public security for the receipt of money or property, public stock certificate, option, or right, or instrument evidencing public debt or liability, or transfer instrument of a public security, stock, stock option or right, or transfer of an instrument evidencing public debt or liability.
3) with the intent to defraud.
Oklahoma Jury Instruction #5-59.
Second Degree Forgery
Forgery involves making, signing, or altering a document or financial instrument with the intent to commit fraud. Forgery in the Second Degree is a less serious felony than Forgery in the Second Degree; however, it carries substantial penalties and costs. It is important to retain an experienced Oklahoma criminal defense lawyer to help fight for you in your forgery case.
The punishment for all forgery offenses is located at OKLA. STAT. tit. 21 §1621. It defines forgery in the second degree as a felony punishable by up to seven (7) years in prison. The statute specifically states; Forgery is punishable as follows:
- Forgery in the first degree is a felony punishable by imprisonment not less than seven (7) years nor more than twenty (20) years; and
- Forgery in the second degree is a felony punishable by imprisonment not exceeding seven (7) years.
- Forgery in the third degree is:
- If the value of the forgery is less than One Thousand Dollars ($1,000.00), a misdemeanor punishable by confinement for not more than one (1) year and by a fine not exceeding One Thousand Dollars ($1,000.00).
- If the value of the forgery is One Thousand Dollars ($1,000.00) or more, a felony punishable by imprisonment not exceeding seven (7) years.
- If the total or aggregate value of the forgery is Two Thousand Dollars ($2,000.00) or more, a felony punishable by imprisonment not exceeding seven (7) years.
ELEMENTS OF THE CRIME
No person may be convicted of forgery unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
1) offering/publishing as genuine;
2) a false (writing having legal significance)/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 forgery 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.
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