Miami Uttering a Forged Instrument Attorney

If you have been arrested for or are under investigation for uttering a forged instrument in Miami, it is imperative that you immediately contact an experienced Miami uttering forged instrument attorney. You need skilled legal representation to protect your rights and guide you through the criminal justice process. An experienced criminal defense lawyer can thoroughly analyze the allegations and evidence against you, identify defenses that apply in your case, and develop an aggressive defense strategy aimed at achieving the most favorable outcome possible.

What is Uttering a Forged Instrument?

Under Florida Statute 831.02, it is illegal to utter and publish as true a false, forged, or altered record, deed, instrument or other writing knowing it to be false, altered, forged, or counterfeited with the intent to injure or defraud any person. This offense is commonly referred to as uttering a forged instrument. To convict you of this felony offense, the prosecution has to prove the following elements beyond a reasonable doubt:

  • You uttered and published as true a false, forged, or altered document
  • You knew the document was false, forged, or altered at the time you uttered it
  • You intended to injure or defraud someone

“Utter” simply means to offer. The uttering occurs when the defendant knowingly passes or presents the forged document as genuine to another person. It is not necessary that the defendant actually succeeded in defrauding anyone as long as they had the requisite intent.

A forged instrument refers to a written document that has been falsely made, completed, or altered. Common examples include checks, contracts, deeds, promissory notes, cashier’s checks, and other financial documents. However, a forged instrument can potentially include almost any type of document.

Penalties for Uttering Forged Instruments

Uttering a forged instrument is a third-degree felony offense in Florida punishable by up to five years in prison and a $5,000 fine. However, if the monetary value of the property involved is $100,000 or more, it becomes a first-degree felony with penalties of up to 30 years in prison and a $10,000 fine. The penalties increase for habitual offenders.

It is critical to consult with an experienced criminal defense attorney immediately if you are facing charges for uttering forged instruments. An attorney can evaluate the strength of the prosecution’s case and identify any factual or legal defenses that may apply.

Defenses to Uttering Forged Instrument Charges

There are various defenses that a skilled defense attorney may be able to assert to fight uttering forged instrument allegations, including:

  • Lack of knowledge – The state has to prove you knew the document was forged when you uttered it. Evidence showing you were unaware it was fraudulent can defeat this element.
  • Lack of intent – The prosecution must establish you intended to defraud or injure someone by uttering the forged document. Facts indicating you lacked such intent could undermine the charges.
  • Misidentification – Eyewitness misidentification is a common cause of wrongful convictions. If witnesses mistakenly identified you as the person who uttered the forged document, it could invalidate the charges.

An experienced criminal defense lawyer can thoroughly examine the facts of your case to determine whether any viable defenses can be asserted to avoid a conviction.

Contact an Experienced Miami Uttering a Forged Instrument Attorney

If you or someone you love has been arrested or is under investigation for uttering a forged instrument in the Miami area, time is of the essence. Call our firm today for a free case evaluation. An attorney can review the details of your case and discuss the best legal strategy to protect your rights and interests. Don’t wait to get experienced legal representation on your side.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

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