Forgery and Uttering a Forged Instrument in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the State Must Prove

Forgery (s. 831.01; Fla. Std. Jury Instr. (Crim.) 17.1, Elements):

1. You falsely made, altered, forged, or counterfeited the document named in the charge.
2. You intended to injure or defraud some person or business.

The State does not have to prove you planned to use the document yourself or to profit from it. It is enough that you intended someone to use it to injure or defraud. If no victim is named, the State need not prove who was supposed to be defrauded.

Uttering a forgery (s. 831.02; Instr. 17.2, Elements):

1. You passed, or offered to pass, the document as true.
2. You knew it was false, altered, forged, or counterfeited.
3. You intended to injure or defraud some person or business.

What documents are covered. The statute's list is long: public records; certificates and attestations of clerks, notaries and public officers; deeds, wills, bonds, letters of attorney, insurance policies, bills of lading, bills of exchange and promissory notes; orders or receipts for money or property; and transportation tickets or passes, among others.

Degrees and Penalties

• Forgery (s. 831.01): third-degree felony, up to 5 years and a $5,000 fine.
• Uttering (s. 831.02): third-degree felony, same maximums.

Each document, and each time it is passed, can become its own count.

Federal Forgery Charges

• Forged endorsement on a U.S. Treasury check (18 U.S.C. s. 510(a)(1); 11th Cir. O18.1, Elements): you forged the payee's endorsement on a Treasury check with a face value over $1,000, intending to defraud by getting money from the United States, directly or indirectly, for yourself or someone else.
• Passing a Treasury check with a forged endorsement (s. 510(a)(2); O18.2, Elements): you passed or tried to pass a genuine Treasury check over $1,000, knowing the endorsement was forged, intending to defraud the United States.
• Counterfeit or forged securities (18 U.S.C. s. 513(a); O18.3, Elements): you made, passed or tried to pass, or possessed a counterfeit or forged security of an organization, intending to deceive. "Security" is defined broadly and includes checks, money orders, and traveler's checks.

Penalties: up to 10 years under s. 510(a) and s. 513(a). Under s. 510(c), if the face value does not exceed $1,000, the maximum is 1 year.

Common Miami Situations

• A stolen or "washed" check cashed through someone else's account.
• A quitclaim deed or power of attorney signed in a relative's name.
• A government benefit or tax refund check endorsed by the wrong person.

Defense Themes

• No intent to defraud. Signing with permission, or honestly believing you had authority, goes straight to the intent element.
• No knowledge. For uttering, the State must prove you knew the document was false.
• Who made it? Handwriting, metadata, and who had access matter.
• Is it a covered document? The charge must fit the statute's list.

What to Do First

1. Do not explain the document to a bank investigator, an agent, or the police without a lawyer.
2. Keep every record of the transaction, including texts showing permission.
3. Call us. Early review can stop a misunderstanding from becoming a felony file.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

What is the difference between forgery and uttering?

Forgery is making or altering the false document. Uttering is passing it off as real, knowing it is false. Both are third-degree felonies in Florida.

My relative told me I could sign for them. Is that forgery?

Forgery requires intent to injure or defraud. Permission and honest belief in your authority are central defenses.

Can a check case be federal?

Yes, when it involves a U.S. Treasury check or a forged security of an organization, among other situations.