Forgery Laws in Georgia
How forgery is charged in Georgia, whether it is a misdemeanor or felony, and the maximum penalties, from the state criminal code.
Short answer: Forgery is making, altering or possessing a writing, knowingly and with intent to defraud, so it appears to be made by someone else, at another time, with different terms or with authority that did not exist. O.C.G.A. §§ 16-9-1; 16-9-2; 16-9-20(a), (b)
| Forgery | Forgery is making, altering or possessing a writing, knowingly and with intent to defraud, so it appears to be made by someone else, at another time, with different terms or with authority that did not exist. First-degree forgery (a non-check writing that is also uttered or delivered) carries one to 15 years; second-degree (the same without uttering) and third-degree (a check of $1,500.00 or more, or ten or more blank checks) carry one to five years. Fourth-degree forgery (a check under $1,500.00 or fewer than ten blank checks) is a misdemeanor, with a third or later conviction punishable by one to five years. Bad checks (deposit account fraud) are a misdemeanor under $1,500.00 (under $500.00: a fine of not more than $500.00 or up to 12 months, or both; $1,000.00 to $1,499.99: a misdemeanor of a high and aggravated nature) and a felony at $1,500.00 or more: 'a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than three years, or both.' § 16-9-1: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-9-1/ ; § 16-9-20: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-9-20/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
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FAQ
Is forgery a felony in Georgia?
Forgery is making, altering or possessing a writing, knowingly and with intent to defraud, so it appears to be made by someone else, at another time, with different terms or with authority that did not exist. First-degree forgery (a non-check writing that is also uttered or delivered) carries one to 15 years; second-degree (the same without uttering) and third-degree (a check of $1,500.00 or more, or ten or more blank checks) carry one to five years. Fourth-degree forgery (a check under $1,500.00 or fewer than ten blank checks) is a misdemeanor, with a third or later conviction punishable by one to five years. Bad checks (deposit account fraud) are a misdemeanor under $1,500.00 (under $500.00: a fine of not more than $500.00 or up to 12 months, or both; $1,000.00 to $1,499.99: a misdemeanor of a high and aggravated nature) and a felony at $1,500.00 or more: 'a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than three years, or both.'
Can I get a court-appointed lawyer for forgery in Georgia?
Georgia's rule on court-appointed lawyers: Applicants must complete and sign an application and verification and are interviewed at the detention center or the public defender's office. Income standards under O.C.G.A. § 17-12-2, as stated by the public defender office: for misdemeanors, probation violations and county or municipal offenses, a person who 'earns less than 100 percent of the federal poverty guidelines'; for juveniles, those 'whose parents earn less than 125 percent of the federal poverty guidelines'; for felonies, 'less than 150 percent of the federal poverty guidelines' — each with an exception for people with other resources that could reasonably pay for a lawyer, and no one with income above 150 percent of the federal poverty level is considered indigent. Application fee: Georgia law requires every person who applies for public defense services 'to pay the Public Defender Office a single fee of $50'; 'The court shall waive this fee if it finds that you are unable to pay the fee or that hardship will result if the fee is charged.' Attorney fees for court-appointed representation may also be imposed by the court at sentencing. O.C.G.A. §§ 15-21A-6(b), 17-12-2 (as quoted by the Chatham County Public Defender Office, Eastern Judicial Circuit)
How much does a lawyer for forgery cost in Georgia?
Lawyers set their own fees, and Georgia has rules on how they may charge. See hiring a criminal defense lawyer in Georgia for fee rules, how to check a lawyer's license and free help.
Can a conviction for forgery be removed from my record in Georgia?
Each state sets its own rules for sealing or expunging records. See Georgia expungement and record sealing rules.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.