In Wagoner County and Oklahoma as a whole, uttering a forged instrument is considered a serious criminal offense. It involves presenting or using a forged document, such as a credit card or a check, with the intent to defraud. The law classifies this crime as a felony rather than a misdemeanor due to its fraudulent nature and potential for significant harm.
Definition of Uttering a Forged Instrument
Uttering a forged instrument occurs when someone knowingly presents, publishes, or uses a forged document with the intent to defraud. Common examples of forged instruments include documents such as:
- Checks
- Deeds
- Contracts
- Identification documents
- Credit cards
Under Oklahoma law, the crime of uttering a forged instrument is outlined and classified as a felony.
Penalties for Uttering a Forged Instrument
Because it is classified as a felony, uttering a forged instrument carries severe penalties in Oklahoma, including:
- Imprisonment: A conviction can result in a prison sentence. However, the length of the sentence can vary based on the specifics of the case, including the amount of money involved and any prior criminal history of the defendant.
- Fines: The court may impose substantial fines on top of any restitution required to compensate the victims of the fraud.
- Restitution: After a conviction, you may have to pay restitution to the victims, covering their financial losses.
- Probation: In some cases, the court may impose probation, which includes strict conditions and regular check-ins with a probation officer. This is usually called deferred or suspended sentencing.
While there are general penalties, the judge will determine the specific ones after looking at all details of your case. Additionally, several factors can influence your sentencing. These include details such as the amount of money involved, your criminal history, the circumstances of the offense, and more.
Legal Defenses
If you are facing charges of uttering a forged instrument, several legal defenses may be available, such as:
- Lack of Intent: Demonstrating you didn’t intend to defraud, or didn’t know the document was forged, can be a defense.
- Duress: Showing that the forgery was under threat or coercion.
- Insufficient Evidence: Challenging the prosecution’s evidence and demonstrating that they cannot prove all elements of the crime beyond a reasonable doubt.
As with any crime, your first step is to hire a qualified criminal defense attorney who can look at all of your options and create your best defense.
Wagoner Criminal Defense Attorneys
In conclusion, uttering a forged instrument is a felony offense in Oklahoma, not a misdemeanor. It involves presenting or using a forged document with the intent to defraud and carries severe penalties, including imprisonment, fines, and restitution. An experienced criminal defense attorney can help navigate the complexities of the legal system, develop a robust defense strategy, and work towards the best possible outcome for your case.
Luckily, our team of criminal defense attorneys here at Kania Law Office – Wagoner can look at your case and provide your best defense options. If you need help, reach out to us at 918-283-7394 or ask a question online.
