Forgery is the criminal offense of making or uttering a false document or other instrument with the intent to defraud or harm someone—including a written or printed document, money, coins, tokens, stamps, checks, cashier’s checks, bonds, money orders, traveler’s checks, real property deeds, contracts, stock certificates, lottery tickets, wills, seals, credit cards, badges, trademarks, and symbols of value, right, privilege, or identification. Uttering a document means to declare—either directly or indirectly, and through words or actions—that the document is legitimate and what it purports to be.
Forging a document includes altering, making, completing, executing, or authenticating a writing so it purports (1) to be the act of another who did not authorize that act; (2) to have been executed at a time or place or in a numbered sequence other than was in fact the case; or (3) to be a copy of an original when no such original existed.
Forging a document also includes the acts of issuing, transferring, registering the transfer of, recording, passing, publishing, or otherwise uttering a document that is forged. And in some states the mere possession of a forged document with the intent to utter it constitutes forging a document.
The definitions, penalties, and punishments for the crime of forgery vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In West Virginia, forgery is considered a serious criminal offense under state law. The West Virginia Code defines forgery as the creation, alteration, or use of a false written document with the intent to defraud. This includes any act of falsely making, altering, forging, or counterfeiting any public record, certificate, deed, note, or other writing with the intent to injure or defraud any person. Uttering a forged instrument, which involves presenting or using a forged document as if it were genuine, is also a crime in West Virginia. The state's statutes categorize different types of forgery and uttering offenses, with penalties varying based on the nature of the forged document and the circumstances of the crime. Punishments can range from fines to imprisonment, and the severity of the penalty typically correlates with the potential impact of the forgery on the victims or institutions involved. It is important for individuals accused of forgery to seek the advice of an attorney who can provide guidance specific to the facts of their case and the applicable West Virginia laws.