With no prior record, how much time can you get for forgery? 41 Answers as of November 28, 2011

With no prior record, how much time can you get for forgery?

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Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
Depending on the other facts of the case you can be charged with Forgery in the 3d Degree - a misdemeanor punishable up to one year jail Forgery in the 2d Degree a class D felony punishable up to 7 years jail or Forgery in the 1st Degree, a class C felony punishable up to 15 years in jail.
Answer Applies to: New York
Replied: 11/28/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you retain a lawyer to assist you with this matter. If you are ultimately charged, you may have the option of requesting a court-appointed attorney at the public's expense. Your are presumed innocent until proven guilty. The prosecutor must prove any allegations of criminal conduct beyond a reasonable doubt. Ultimately, possible sentences depend on what exactly you've been charged with. You'll be advised of your maximum possible penalties when you are arraigned. If the matter is a felony, sentencing guidelines pursuant to state law determine the range for the minimum, minimum possible and maximum, minimum possible sentence. If the charge is a misdemeanor, judges have a lot of discretion up to the maximum penalty under law. Most importantly, plea bargains or other agreements may ultimately control or limit how much a time a person would receive. The bottom line is that it depends on the circumstances. I'd recommend you retain a lawyer.
Answer Applies to: Michigan
Replied: 11/14/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
Up to 14 years is the maximum. What you get depends on many things. How much was stolen, From Whom, Why etc.
Answer Applies to: Michigan
Replied: 11/10/2011
Michael Edwards, Attorney at Law
Michael Edwards, Attorney at Law | Michael Edwards
The maximum punishment is 0-5 years in prison. With no record and a good attorney, you might be able to get a plea in abeyance. There are many possibilities, so hire a good attorney, and make the best of it!
Answer Applies to: Utah
Replied: 11/9/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
That depends on a lot of factors that I don't know. So, I can't really say.
Answer Applies to: New York
Replied: 11/8/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Federal or Felony? You can usually see what your are charged with by googling the type of crime. Usually a forgery is 2-10 years in prison with a $10,000.00 fine
    Answer Applies to: Texas
    Replied: 11/8/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    The standard sentence range is 0- 60 days in jail.
    Answer Applies to: Washington
    Replied: 11/8/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    That would depend on the facts of the case, the prosecutor and the judge. The maximum penalty for forgery is 5 years in prison. That said, the court could use the First-Time Offender sentencing option. That allows the judge to sentence you from 0 to 90 days in jail. That is far more likely. If you hurry up and pay restitution, get a substance abuse evaluation and can be respectful and reasonable with the prosecutor, you may even get diversion or at least no jail. If this offense is drug-related, you should look into drug court in your county. It is reasonably unlikely that you would be sent to prison unless the facts of your case are particularly bad. You should hire a lawyer because it is a felony and because the right lawyer will make this situation a lot more successful and less stressful.
    Answer Applies to: Washington
    Replied: 11/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on what was forged and the dollar value of the forgery. A forgery charge may range from a misdemeanor, punishable by up to 90 days in jail, to a felony, punishable by up to 20 years in prison or to payment of a fine of not more than $100,000, or both.
    Answer Applies to: Minnesota
    Replied: 11/8/2011
    Epstein & Conroy
    Epstein & Conroy | David B. Epstein
    The question is not answerable in the form it’s asked. Like most crimes there are degrees of forgery, some charges being misdemeanors other felonies. Would depend on so many additional factors. Did somebody forge their wife's signature to deposit a check, or forge a business partner's signature to receive a million dollars? Every scenario is different and has different mitigating and/or aggravating factors.
    Answer Applies to: New York
    Replied: 11/8/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If you commit forgery the penalty will depend on the facts of the case. If the forgery is considered a misdemeanor then the maximum is one year in the county jail and $1,000.00 fine. However, you should, depending on the facts get a suspended sentence three years’ summary probation a fine and restitution to the victim. If it is considered a felony then you could get 18 months, 2 years, or 3 years in state prison.
    Answer Applies to: California
    Replied: 11/8/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Forgery is normally of a check but could also be of a prescription. If a check and charged as a B felony then maximum is 3.5 to 7 years there is no minimum. You life history and facts of case combined with the skill of your lawyer will determine what outcome you obtain.
    Answer Applies to: New Hampshire
    Replied: 11/8/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The sentencing guidelines grid for no prior record shows 11-13 months.
    Answer Applies to: Kansas
    Replied: 11/8/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    It is difficult to tell without more information. I don't know if the forgery is resolved as a felony, misdemeanor or gross misdemeanor. Also, depending on the prior criminal record, there is a good chance for probation.
    Answer Applies to: Nevada
    Replied: 11/8/2011
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    In Kansas, forgery is a severity level 8 non-person felony. The potential prison for a level 8 felony in Kansas is 7 to 23 months, assuming the prosecutor does not seek durational departures. If you indeed have no criminal record, the max prison time is 9 months for one such charge, unless the prosecutor seeks an upward durational departure. Additionally, there is a probation presumption for level 8 felonies, when there is no criminal record involved, which can be conditioned on first serving 60 days jail. Regardless of the sentence, you would then be a felon if you were convicted.
    Answer Applies to: Kansas
    Replied: 11/8/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    As a first offender you are eligible for first offender treatment, which involves supervision by the probation department and dismissal of the charge, upon completion of the period of supervision and all conditions thereof. Normally, full restitution would be required during the period of supervision. You should give me a call to discuss your case. Answering your question a first offender does not normally go to jail, unless the circumstances of the offense are aggravated.
    Answer Applies to: New Jersey
    Replied: 11/8/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    If the forgery involved cashing bad checks or otherwise financially gaining from the forgery the amount involved will determine the severity of the charge and sentence imposed. If this is a first time offense you might plead guilty as a first time offender and receive probation. Under the first time offender statute if you complete your probation and keep out of trouble the conviction can be expunged.
    Answer Applies to: Arkansas
    Replied: 11/8/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In your case it will depend on a few things. First, the exact charge is important. The maximum penalty will drive the sentencing guidelines which are available for scoring, which will determine the minimum sentence. If in a straddle cell or below, then probation would be likely, Nest, the Court you are in and the prosecutor will be influential. If a plea can be arranged, then perhaps the charges reduced and a different schedule used for sentencing guidelines. If a misdemeanor is negotiated, the sentence range will not be governed by sentencing guidelines. Finally, concern must be given to the amount of restitution, if any. If some is required, it may influence the result if you are able to pay restitution in a short period of time. If not, the probation period, would be influenced. Also, there may be consideration of jail time if the amount involved is greater. I hope that this was helpful. You should immediately hire an attorney to discuss all of these things.
    Answer Applies to: Michigan
    Replied: 11/8/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Depending on what level (how much money was lost due to the "forgery") the charge can be a Third Degree Felony (up to five years in prison but most likely a probation sentence) or a Second Degree Felony up to fifteen years in prison with a possibility that some prison would be served or a First Degree Felony up to 30 years in prison with the probability that some prison sentence would be imposed.
    Answer Applies to: Florida
    Replied: 11/8/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Criminal sentences in Michigan follow the Michigan Sentencing Guidelines. There are many factors that are considered and with the facts presented, no determination could be made.
    Answer Applies to: Michigan
    Replied: 11/8/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    If you are convicted of forgery in Minnesota and have no prior record, you could serve anywhere from no jail time to a year and a day at the county workhouse. This is not a prison commit case. Forgery is on the low end of the severity scale since it is considered a property offense and is not treated as seriously as a crime against a person. My advice would be to retain an experienced forgery defense attorney to review the case for legal defenses. If there are no legal defenses to the forgery charge, your best defense would be to show good faith by paying restitution to the victim in full while the case is still pending. I would also advise you to attend and complete an 8 hour online theft offender treatment program. These efforts toward rehabilitation will go a long way in reducing jail time to no time. If the crime was committed in a Hennepin County, your criminal defense attorney may be able to divert the case out of the criminal justice system and into the Project De Novo program. If you successfully complete all the conditions of the diversion program, the charge against you will be dismissed without a criminal conviction on your record.
    Answer Applies to: Minnesota
    Replied: 11/8/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    A lot depends on what you are charged with forging. If it is a financial transaction it can be very serious. It is also important where you were charged since different counties sentence harsher than other counties. Please contact an attorney that practices in the area in which you are charged and get a consultation or retain them.
    Answer Applies to: Minnesota
    Replied: 11/8/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    The statutory maximum for an F3 Forgery is 3 1/2-7 years in state prison. With no prior record, its hard to imagine you would do anywhere close to that amount.
    Answer Applies to: Pennsylvania
    Replied: 11/7/2011
    The Law Offices of Jaime Cowan
    The Law Offices of Jaime Cowan | Jaime Cowan
    The maximum sentence if you are charged with the class 5 felony is 1 to 3 years in prison. You could get probation, or a half way house. You could likely get probation with no prior record.
    Answer Applies to: Colorado
    Replied: 11/7/2011
    Law Offices of Kenrick Young
    Law Offices of Kenrick Young | Nicholas Lazzarini
    The sentence for forgery will depend on the amount defrauded. Also, under current California case law, the prosecution must be able to prove both the forgery and the loss amount. If you can reduce the amount of loss, you may be able to reduce the total sentence.
    Answer Applies to: California
    Replied: 11/7/2011
    The English Law Firm
    The English Law Firm | Robert English
    There are variations based upon the type of forged instrument. Generally in California, forgery is a felony offense and is punishable by 16 months, 2 years, or 3 years state prison. These penalties are possible even with no prior record. However, probation can be granted with anywhere from 0 days to 365 days of county jail time.
    Answer Applies to: California
    Replied: 11/7/2011
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    There are different types of forgery cases. The maximum is three years state prison on a felony forgery or a year in county; however, a forgery can also be a misdemeanor. Even if it is a felony, a person can get probation and sometimes no jail. It really depends on the case. You should run the specifics by an attorney for an opinion.
    Answer Applies to: California
    Replied: 11/7/2011
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    It depends on what degree of forgery you are convicted under. Below are the applicable laws: S 170.05 Forgery in the third degree. A person is guilty of forgery in the third degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument. Forgery in the third degree is a class A misdemeanor. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed one year. S 170.10 Forgery in the second degree. A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: 1. A deed, will, codicil, contract, assignment, commercial instrument, credit card, as that term is defined in subdivision seven of section 155.00, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or 2. A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant; or 3. A written instrument officially issued or created by a public office, public servant or governmental instrumentality; or 4. Part of an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services; or 5. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law. Forgery in the second degree is a class D felony. For a class D felony, the term shall be fixed by the court, and shall not exceed seven years. S 170.15 Forgery in the first degree. A person is guilty of forgery in the first degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: 1. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality; or 2. Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporate or other organization or its property. Forgery in the first degree is a class C felony. For a class C felony, the term shall be fixed by the court, and shall not exceed fifteen years.
    Answer Applies to: New York
    Replied: 11/7/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    16 months, two years or three years. If the person has never been in trouble before then probation may be available.
    Answer Applies to: California
    Replied: 11/7/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    It depends on how effective your attorney is in presenting your case.
    Answer Applies to: Massachusetts
    Replied: 11/7/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It depends on what you forged, how much damage it did to the victim, how many times it happened, and how much the victim wants to pursue the matter. Best possible scenario is probation with restitution. Worst case is either jail time or possibly prison.
    Answer Applies to: Michigan
    Replied: 11/7/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You can be imprisoned for 3-7 years, depending on the nature of the forgery. Usually, if the pecuniary loss is not huge, you will probably get probation and restitution. Hire an attorney as this is a serious charge which can affect you for life.
    Answer Applies to: Illinois
    Replied: 11/7/2011
    Bruce Yerman, Attorney At Law
    Bruce Yerman, Attorney At Law | Bruce Yerman
    Forgery in the third degree is a class A misdemeanor. Minimum jail sentence would be no jail time. Maximum jail sentence is 1 year. Forgery in the second degree is a class D felony. Minimum jail sentence is again no jail time assuming you have no prior criminal record. Maximum jail sentence is 28 months to 7 years. Forgery in the first degree is a class C felony. Minimum jail sentence is no jail. This is assuming no prior criminal record. The maximum jail sentence is between 5 years to 15 years.
    Answer Applies to: New York
    Replied: 11/7/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You will typically be offered a plea to Petty Larceny and get 3 years probation. You should retain a good criminal attorney to get you a reduced plea and probation. With a first offense you will not get a jail term.
    Answer Applies to: New York
    Replied: 11/7/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It depends upon the degree charged whether it is non-felony or felony. Also the facts behind the forgery. You may get no jail time or you may get prison times. I can't say without looking at the case. You really should hire an attorney.
    Answer Applies to: Washington
    Replied: 11/7/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    That depends on several factors. Each jurisdiction is different. The amount in question is also a factor. It is certainly possible that the case could go through a diversion program or result in nothing other than probation, but some jail time could be required as well.
    Answer Applies to: Minnesota
    Replied: 11/7/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    As a misdemeanor charge you are looking at up to one year in jail. As a felony charge you are looking at 16 months 2 year or 3 years in state prison. Good news you have no priors. Bad news you may end up having a criminal record. A good attorney should be able to get you probation. However, all this depends on how many counts and how much fraud, if any, was involved.
    Answer Applies to: California
    Replied: 11/7/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Theoretically, you could go to prison. What actually happens depends on a number of things none of which are "stick it in the computer" for an answer. Fair or not, depends on the judge and the mood he or she is in that day [some are always crabby] , the DA's personality, how you are perceived in court and how much we tried to take and other circumstances of the case. If you can hire an attorney, do so.
    Answer Applies to: California
    Replied: 11/7/2011
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