Being charged with forgery can turn your life upside down. Maybe a financial situation led to you signing someone else’s name, or you altered a document to avoid a penalty. You might not have even realized what you were doing was a crime.
No matter how you got here, forgery charges are serious. It is important to contact an experienced criminal defense attorney as soon as possible. By understanding what you’re up against, you can take steps toward defending yourself and moving forward. Learning about second degree forgery in Oklahoma will help you understand your case and make informed decisions about your future.
What Is Second Degree Forgery in Oklahoma?
Forgery occurs when someone falsely makes, alters, or signs a legal document with the intent to defraud. The document could be a check, contract, deed, or another legal paper. In Oklahoma, forgery is divided into first and second degrees based primarily on the type of document or instrument involved.
Second degree forgery in Oklahoma generally applies to specific types of forged documents defined by the statute, rather than being based solely on the amount of harm caused. Oklahoma Statutes Title 21, Chapter 63 covers forgery and counterfeiting and describes several types of conduct that may fall under second degree forgery, including examples such as:
- Forging state, public, court, or corporate seals
- Forging records, including court records
- Forging an entry in any book of records
- Forging tickets or boarding passes
- Forging postage stamps or coins
- Forging licenses
- Falsifying or altering corporate records, including accounting records
- Issuing or selling false stock certificates
- Reissuing or selling canceled stock certificates
Falsely procuring another’s signature, which means getting someone to sign a forged instrument, may also be charged as second degree forgery in Oklahoma.
Other Types of Forgery in Oklahoma
Oklahoma law covers several types of forgery, each with different consequences. Here are two other common forgery charges you might encounter.
First Degree Forgery
First degree forgery involves more serious documents and causes significant harm. Oklahoma law describes several types of first degree forgery:
- Forging, counterfeiting, or falsely altering a deed or another instrument affecting an interest in real property (real estate).
- Forging, counterfeiting, or falsely altering a public security, such as stock, options, rights, and debt or liabilities.
Third Degree Forgery
Third degree forgery in Oklahoma generally applies to other types of documents and may be categorized based on the value involved. If the value is less than $1,000, it’s a misdemeanor. If the value of the document is more than $1,000, it’s a felony. And if it’s more than $2,000, it’s a felony with a harsher punishment.
Penalties for Second Degree Forgery in Oklahoma
According to Oklahoma law, second degree forgery is a felony punishable by up to seven years in prison. The punishments for other types of forgery are:
- Forgery in the first degree is a felony punishable by not less than seven years and not more than 20 years in prison.
- Forgery in the third degree of less than $1,000 is punishable by up to a year in prison and a fine up to $1,000.00.
- Forgery in the third degree of $1,000 or more is punishable by up to seven years in prison.
If you’re convicted of forgery, the court may order you to pay restitution. Restitution is money you pay back to the victim of your crime to reimburse them for what you stole, and it’s in addition to any fines and court costs you have to pay.
Payments are typically made on a schedule set by the court, and the amount depends on the victim’s losses and your ability to pay. If you’re on probation or parole, missing a payment is a violation that could mean you go back to jail, so it’s important to keep up with your restitution schedule.
Defenses Against Second Degree Forgery
To convict you of second degree forgery in Oklahoma, the prosecution must prove that your case meets several elements beyond a reasonable doubt to secure a conviction. Understanding what the state has to establish can help you build your defense:
- You made, altered, signed, published, or offered a document.
- The document was legally significant (such as a contract, check, or deed).
- You knew the document was false or fraudulent.
- You intended to defraud or deceive another person.
Depending on the circumstances of your case, you and your attorney may challenge the prosecution’s claims by raising several legal defenses that focus on what you knew at the time, what actions you took, and whether you acted intentionally.
Lack of Intent
For a forgery conviction, the prosecution must show that you intended to deceive someone. If you didn’t realize the document was forged or you had no plan to defraud, your attorney can argue that there was no intent. For example, maybe you signed a contract without understanding the legal implications, or perhaps someone else changed the document without your knowledge.
Lack of Knowledge or Capacity
This defense applies if you weren’t fully aware of your actions at the time. If you were under the influence of drugs or alcohol, suffering from mental illness, or dealing with cognitive impairments, your attorney could argue that you lacked the capacity to commit forgery knowingly. In these cases, the goal is to show that you didn’t fully understand what you were doing or that you weren’t in control of your actions.
Coercion
Coercion happens when someone forces you to commit forgery through threats or intimidation. If someone else pressured you into signing or altering a document under the threat of harm or other consequences, your attorney can argue that you acted out of fear, not with fraudulent intent. For instance, if a supervisor or family member threatened to hurt you or someone you care about unless you forged a signature, that could be a valid defense.
Consent
If the person whose name or information you used gave their permission, this can undermine the prosecution’s case. For example, if you signed a document with someone’s consent or altered it on their behalf, your attorney can argue that there was no fraudulent intent. This defense can be helpful whether you had verbal or written consent.
Build Your Best Defense Against Forgery Charges
If you’ve been charged with forgery, contacting a criminal defense attorney is one of the most important things you can do. Your attorney will carefully analyze the facts of your case to determine the most effective defense strategy. They may also work to reduce the charge to a lesser offense, such as uttering a forged instrument, which may carry lighter penalties than second degree forgery.
While facing forgery charges can feel overwhelming, your life is not over. We can guide you through the legal process and help you build a strong defense. Contact us today to get started with a free case evaluation.