Accused of Forgery or Counterfeiting Crimes?

Each state defines forgery little differently. But in summary, forgery is the making or alteration of a writing in order to give that writing qualities or value which it did not originally possess. Although forged checks are the most common examples, there are plenty of other scenarios that would apply, too.

You can commit counterfeiting if you willfully:

A person commits the offense of counterfeiting if he or she willfully manufactures, uses, displays, advertises, distributes, offers for sale, sells, or possesses for the purpose of selling or distributing any item, or services, bearing or identified by a counterfeit mark.

A person having possession, custody or control of more than twenty-five items bearing a counterfeit mark shall be presumed to possess said items for the purpose of selling or distributing.

Counterfeiting is a class A misdemeanor, except for the following:

• It is a class E felony and punishable by up to 4 years in prison if:
  • The defendant was previously convicted of counterfeiting offense;
  • The violation involves more than 100 but fewer than 1,000 items with a counterfeit mark or the total retail value of all the marked items is $750 or more.
• It is a class D felony and punishable by up to 7 years in prison if:
  • The defendant was previously convicted of 2 or more counterfeiting offenses;
  • The violation involves the manufacture or production of items with counterfeit marks; or
  • The violation involves 1,000 or more items with counterfeit marks or the total retail value of the items is $25,000 or more.

The law surrounding forgery in Missouri is broad. If coupled with the intent to defraud someone else, these three acts constitute forgery:

1. Making, completing, altering, or authenticating any writing so that it purports to have been made in any way other than initially intended;
2. Erasing, obliterating, or destroying any writing;
3. Making or altering anything other than a writing so that it purports to have untrue qualities; or using, possessing, or transferring a writing or other thing known to be altered or otherwise forged.

(See Mo. Rev. Stat. § 570.090 for full definition)

We have successfully handled cases covering virtually every kind of forgery imaginable -- modified vehicle identification numbers (VINs), forged promissory notes, falsifying bail bond documents and court orders, placing a different photo on someone else’s identification card -- we have handled it all.

The stakes tend to be the highest when one possesses or creates instrumentalities (equipment) used to commit forgeries.

(Mo. Rev. Stat. § 570.100)

Both forgery and possession of forging instrumentalities are Class D felonies. A first-time conviction for either offense can include a fine up to $10,000 and imprisonment up to 7 years.

(Mo. Rev. Stat. §§ 570.090, 570.100, 558.002, 558.011)

In Kansas, forgery is the making, altering, or endorsing of a written instrument, with intent to defraud, such that it purports to be made:

1. By someone else, whether real or fictitious;
2. At a different time or with different provisions other than those authorized;
3. Or with the authority of someone who did not give such authority.

This includes issuing, distributing, or possessing such forged, written instruments.

Forgery is a severity level 8, nonperson felony in Kansas. This means a conviction could result in up to 23 months in prison. Additionally, anyone convicted will be fined $500 (1st offense), $1,000 (2nd offense), $2,500 (3rd or subsequent offense), or the value of the forged instrument, whichever is less. Kansas law mandates a 30 day jail sentence for a second offense and a 45 day jail sentence for a third offense.

(Kan. Stat. Ann. § 21-5823)

If you have been charged with forgery in either Missouri or Kansas, Contact The Watt Law Firm here today!