KANSAS FORGERY CRIMINAL DEFENSE LAWYER
You can be convicted of forgery for a number of acts; however, an essential element of proving the case against you is your "intent to defraud". Some of the common acts that may result your being arrested include:
- Signing or making fake checks
- Altering a contract (ex. changing relevant information, terms, etc.)
- Making fake documents and affixing a real or fake person's signature
- Creating false payroll
- Signing the name of someone else without that person's permission
- Issuing fake documents
- Being found in possession of items thought to be forged
- Unauthorized use of another's identity to secure a loan
- Falsified identification
KANSAS CITY, KS THEFT DEFENSES
FORGERY PENALTIES - Kansas charges forgeries as level 8 nonperson felonies. That means you can be potentially facing nearly two years for the first offense. Once you are convicted of a second offense you are facing a mandatory minimum of 30 days, and for your third conviction you are facing a mandatory minimum of 45 days.
DEFENSES TO FORGERY
You may have a number of defenses to forgery, including:
DEFENSES TO FORGERY
You may have a number of defenses to forgery, including:
- Lack of intent
- No altering of document or writing instrument
- Permission to affix signatures
- Mistaken facts, and more.
FORGERY DEFINED - KANSAS STATUTE
21-5823. Forgery. (a) Forgery is, with intent to defraud:
(1) Making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed by another person, either real or fictitious, and if a real person without the authority of such person; or altering any written instrument in such manner that it purports to have been made at another time or with different provisions without the authority of the maker thereof; or making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed with the authority of one who did not give such authority;
(2) issuing or distributing such written instrument knowing it to have been thus made, altered or endorsed; or
(3) possessing, with intent to issue or distribute, any such written instrument knowing it to have been thus made, altered or endorsed.
(b) (1) Forgery is a severity level 8, nonperson felony.
(2) On a first conviction of forgery, in addition to any other sentence imposed, a person shall be fined the lesser of the amount of the forged instrument or $500.
(3) On a second conviction of forgery, a person shall be required to serve at least 30 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $1,000.
(4) On a third or subsequent conviction of forgery, a person shall be required to serve at least 45 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $2,500.
(5) The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the mandatory sentence as provided herein.
(c) In any prosecution under this section, it may be alleged in the complaint or information that it is not known whether a purported person is real or fictitious, and in such case there shall be a rebuttable presumption that such purported person is fictitious.
(1) Making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed by another person, either real or fictitious, and if a real person without the authority of such person; or altering any written instrument in such manner that it purports to have been made at another time or with different provisions without the authority of the maker thereof; or making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed with the authority of one who did not give such authority;
(2) issuing or distributing such written instrument knowing it to have been thus made, altered or endorsed; or
(3) possessing, with intent to issue or distribute, any such written instrument knowing it to have been thus made, altered or endorsed.
(b) (1) Forgery is a severity level 8, nonperson felony.
(2) On a first conviction of forgery, in addition to any other sentence imposed, a person shall be fined the lesser of the amount of the forged instrument or $500.
(3) On a second conviction of forgery, a person shall be required to serve at least 30 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $1,000.
(4) On a third or subsequent conviction of forgery, a person shall be required to serve at least 45 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $2,500.
(5) The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the mandatory sentence as provided herein.
(c) In any prosecution under this section, it may be alleged in the complaint or information that it is not known whether a purported person is real or fictitious, and in such case there shall be a rebuttable presumption that such purported person is fictitious.
ATTORNEY T. MORTON
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
Serving Johnson County District Court in Kansas City, Kansas.