Forgery & Uttering Defense — Florida

Forgery and uttering are third-degree felonies that can permanently alter your record, cost you your employment, and result in significant prison time. Tonmiel Rodriguez, a Board Certified Criminal Trial Lawyer in Bartow, Florida, defends clients charged under Florida Statutes sections 831.01 and 831.02 throughout Polk, Highlands, Hardee, Osceola, and Hillsborough Counties in the 10th Judicial Circuit. He handles these cases from the first appearance through trial. Call (863) 774-4556 — 24/7 availability, Hablamos Español.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

These charges are more common than most people realize — and they are often filed alongside theft or fraud charges, compounding the potential sentence. A single forged check can result in multiple felony counts. Understanding exactly what the State must prove — and where the defense lives — is the first step.

What Is Forgery Under Florida Statute Section 831.01?

Forgery under section 831.01 is the false making, altering, forging, or counterfeiting of a written instrument with intent to injure or defraud. Three elements must be proven: (1) the defendant made, altered, forged, or counterfeited a written instrument; (2) the instrument was one of legal significance — check, deed, will, contract, prescription, public record; and (3) the defendant acted with specific intent to injure or defraud. Forgery is a third-degree felony punishable by up to five years in prison, five years of probation, and a $5,000 fine. Each forged instrument counts as a separate offense.

What Documents Can Be the Subject of a Forgery Charge?

• Personal and business checks
• Cashier’s checks and money orders
• Prescription pads and prescription documents
• Real estate deeds and titles
• Wills and testamentary documents
• Contracts and promissory notes
• Employment records and reference letters
• Court documents and legal filings
• Driver’s licenses and identification documents

What Is Uttering Under Florida Statute Section 831.02?

Uttering under section 831.02 is the knowing passage or attempted passage of a forged instrument with intent to defraud. You do not need to have created the document — using it, offering it, or passing it to another person is enough to satisfy the elements of uttering. Like forgery, uttering is a third-degree felony with the same maximum penalties. If you passed a check you knew was forged — even if someone else forged it — you can be charged with uttering.

Why Are Forgery and Uttering Usually Charged Together?

When someone creates a forged check and then cashes it, the prosecution charges both forgery (for creating the check) and uttering (for passing it). Two separate third-degree felony counts. Add a theft charge for obtaining the money, and a single transaction becomes three felony counts, each carrying up to five years. The total exposure from what looks like a single incident can be substantial.

What Are the Penalties for Forgery and Uttering in Florida?

Both section 831.01 forgery and section 831.02 uttering are third-degree felonies:

• Up to 5 years in Florida state prison
• Up to 5 years of probation
• Up to $5,000 fine
• Restitution to victims for the value of any loss
• A permanent felony record

When multiple instruments are involved, each counts separately. Multiple counts create substantial theoretical exposure — which is why these cases require experienced defense counsel from the start.

How Does Florida Prosecute Forgery Cases?

What Evidence Does the State Use in Forgery Prosecutions?

The prosecution typically relies on handwriting comparison evidence, bank records showing the instrument’s presentment and payment, security footage from the bank or point of transaction, and testimony from the alleged victim. In prescription forgery cases, pharmacy records and prescriber records are central. Computer forensic evidence showing document creation or alteration can also be presented.

How Are Prescription Forgery Cases Handled in Polk County?

Prescription forgery cases under section 831.01 are prosecuted seriously in the 10th Circuit. A forged prescription for a controlled substance can also trigger drug charges under Chapter 893 in addition to forgery and uttering charges. These cases have distinct evidentiary issues and defense strategies compared to financial instrument forgery.

What Are the Defenses to Forgery and Uttering Charges?

Was There Actual Knowledge That the Document Was Forged?

For uttering charges, the prosecution must prove the defendant knew the instrument was forged when they passed it. If the defendant genuinely did not know — received a bad check and passed it along, used a document believing it was authentic — the knowledge element fails. This is a complete defense to uttering, though not forgery, because forgery requires the defendant to have actually made or altered the document.

Was There Intent to Defraud?

Both charges require specific intent to injure or defraud. A defendant who altered a document out of confusion, mistake, or in a non-fraudulent context may lack the requisite criminal intent. Intent is a subjective element the prosecution must prove beyond a reasonable doubt.

Is the Document Actually a Legal Instrument?

Not every altered document constitutes forgery under section 831.01. The statute applies to instruments of legal significance. A document with no legal effect — even if altered — may not satisfy this element.

Were Constitutional Rights Violated?

Searches of bank records, surveillance footage, and digital evidence must comply with Fourth Amendment requirements. A defective warrant or unlawful seizure of records used to identify the defendant can be challenged through a motion to suppress.

Related: White Collar Crimes | Embezzlement Defense | Credit Card Fraud | Federal Fraud Charges

Frequently Asked Questions About Forgery and Uttering in Florida

What Is the Difference Between Forgery and Related Fraud Charges?

Forgery and uttering under sections 831.01 and 831.02 are specific offense charges tied to the creation and use of false written instruments. They are often charged alongside, but are distinct from, fraud and theft charges. Understanding the difference matters because each charge has its own elements, and a defense strategy must address each separately.

How Does Forgery Differ From Fraud Under Chapter 817?

Fraud under Chapter 817 covers obtaining property through false representations — it does not require a false document. Forgery specifically requires the creation, alteration, or counterfeiting of a written instrument of legal significance. The two often overlap: a forged check that is used to obtain money involves both the forgery (creating the false instrument), the uttering (passing it), and potentially theft or fraud (obtaining property). Each charge addresses a different component of the conduct, which is why prosecutors file multiple counts from what looks like a single incident.

When Is a Prescription Forgery Case Prosecuted as a Drug Offense?

When a forged prescription involves a Schedule II-IV controlled substance, the prosecution frequently charges both the forgery (section 831.01) and a drug offense under Chapter 893. Obtaining a controlled substance by fraud, forgery, or deception under section 893.13(7)(a)9 is a third-degree felony separate from the forgery itself. A defendant who forged a prescription for oxycodone faces both forgery and drug acquisition by fraud charges — two separate third-degree felonies from a single prescription. The DEA and Florida Department of Health Medicaid Fraud Control Unit are often involved in prescription forgery investigations, particularly when patterns involving multiple pharmacies are detected.

How Does the Criminal Punishment Code Apply to Forgery Charges?

Florida’s Criminal Punishment Code assigns a point value to each offense based on its level. Third-degree felony forgery and uttering each receive a base score of 16 points on the sentencing scoresheet. Prior record, victim injury, and other factors add points. When the total score is below the threshold that requires a state prison sentence, the court has discretion to impose probation, community control, or a county jail sentence instead of a state prison commitment.

For a first-time offender facing a single count of forgery and a single count of uttering with no significant victim loss and no aggravating factors, the scoresheet may produce a non-prison recommended range — meaning the court has discretion to impose a probationary sentence rather than incarceration. Understanding what the scoresheet produces in your specific case, and presenting the strongest possible mitigation, is a core part of the defense strategy.

What Happens to Repeat Offenders Facing Forgery Charges?

A second or subsequent conviction for a property crime involving fraud or forgery changes the calculus significantly. Florida’s habitual offender statute, section 775.084, can apply to repeat felony offenders, extending the maximum sentence beyond the standard statutory maximum. A habitual felony offender designation on a third-degree felony can increase the maximum from five years to ten years. A habitual violent felony offender or violent career criminal designation carries even greater exposure, though these typically require qualifying violent prior offenses. For defendants with prior forgery, theft, or fraud convictions, the potential for enhanced sentencing is a critical issue to analyze before any plea decision.

Forgery in Business and Professional Contexts

Forgery charges frequently arise in employment and professional settings. Some scenarios I see regularly in Polk County:

• Altered business checks: An employee with check-signing authority alters the payee or amount on a business check and cashes it, drawing both forgery and grand theft charges.
• Forged employment documents: A job applicant submits a forged diploma, professional license, or reference letter. Forgery of the document plus potential fraud charges if employment was obtained.
• Falsified business records: An employee alters an invoice, contract, or purchase order to divert funds, supporting forgery and embezzlement charges under section 812.014.
• Forged court documents: Filing or using a forged court document — a forged judgment, a falsified subpoena, or an altered court order. Forgery plus potential contempt or obstruction charges.
• Counterfeit money orders or cashier’s checks: Using commercially produced counterfeit instruments. Forgery plus federal counterfeiting charges may apply if the instruments were produced using commercial printing equipment.

What Mitigation Can Help in a Forgery Case?

Mitigation — factors that argue for a more lenient disposition — is presented in the context of plea negotiations and at sentencing hearings. In forgery cases, effective mitigation can include:

• No prior criminal record
• Voluntary restitution to the victim prior to sentencing
• Acceptance of responsibility without minimizing the conduct
• Evidence of the underlying circumstances — financial distress, addiction, mental health issues — that contributed to the offense without excusing it
• Community ties, employment history, and family responsibilities
• Completion of treatment programs, counseling, or financial management education
• Character letters from employers, family members, and community members

Mitigation does not change the charge, but it influences prosecutorial discretion on plea offers, judicial discretion at sentencing, and the ultimate outcome. Presenting mitigation effectively — both in writing and orally at sentencing — is an important skill that separates attorneys who understand the full scope of criminal defense from those who only focus on guilt-phase arguments.

How Long Does a Forgery Conviction Stay on Your Record in Florida?

A forgery conviction under section 831.01 is a third-degree felony that creates a permanent criminal record in Florida. Unlike some misdemeanor offenses, a felony conviction is not automatically sealed or expunged after serving the sentence. Florida’s expungement statute, section 943.0585, allows for expungement only in limited circumstances — primarily when charges were dismissed or resulted in a withhold of adjudication (where the court accepts a guilty plea but withholds formal adjudication, preserving the right to seek expungement in the future).

If you are convicted of forgery — meaning adjudication is entered — Florida law generally prohibits expungement of that record. This is why pre-trial resolution that avoids a formal conviction — through a diversion program, a plea to a non-adjudicated offense, or a negotiated withhold of adjudication — has significant long-term value that extends far beyond the sentence itself. Protecting the right to seek eventual expungement, where legally possible, is an important goal that a defense attorney should analyze from the start of the case.

What Is the Difference Between a Forgery Charge and a Counterfeiting Charge?

Forgery under section 831.01 covers the false making, altering, forging, or counterfeiting of written instruments with legal significance. Federal counterfeiting law under 18 U.S.C. section 471 covers the counterfeiting of U.S. currency — banknotes, coins, and government securities. These are distinct charges. A person who creates a fake $100 bill may face both state forgery charges and federal counterfeiting charges, because the act satisfies elements of both statutes. The federal counterfeiting statute carries up to 20 years and is prosecuted by the Secret Service.

In cases involving counterfeit currency, the federal prosecution is typically the more serious track. The Secret Service has jurisdiction over currency counterfeiting and routinely refers cases to the U.S. Attorney’s Office for the Middle District of Florida. I handle both the state forgery charges and the federal counterfeiting defense in these cases.

What Role Does Intent Play in Uttering Charges?

Florida courts have consistently held that the intent to defraud required under section 831.02 is a specific, subjective intent — the defendant must have actually intended to deceive the recipient into a detrimental action. This means a defendant who passed a forged instrument but genuinely did not believe it would deceive anyone — for example, because they believed the recipient already knew about the document’s origin — may lack the requisite intent for uttering even if they knowingly passed a forged document.

This distinction matters in fraud rings where lower-level participants are asked to pass instruments without being told the full context. A co-conspirator who cashed a check that turned out to be forged, believing it was a legitimate instrument, can argue lack of knowledge and lack of intent. The prosecution must prove subjective knowledge and intent for each defendant separately — guilt by association or proximity to others who committed forgery does not automatically establish the individual defendant’s mental state.

Contact a Board Certified Criminal Trial Lawyer for Forgery Defense in Polk County

“This is the highest level of recognition by The Florida Bar for the competency and experience of a lawyer practicing criminal trial law.”

— The Florida Bar

If you have been charged with forgery or uttering in Polk County, Highlands County, or Hardee County, the most important step you can take today is to call an experienced criminal defense attorney. I am Tonmiel Rodriguez — Board Certified Criminal Trial Lawyer in Bartow, Florida — and I defend forgery and uttering charges throughout the 10th Judicial Circuit and the Middle District of Florida when federal charges apply. Call (863) 774-4556 now. We are available 24 hours a day, 7 days a week. Hablamos Español.