At Stechschulte Nell, Attorneys at Law, we understand that facing federal forgery charges causes an indicted defendant to feel severe anxiety and confusion about what will happen next. Fighting federal forgery charges requires the immediate attention of experienced defense counsel with a deep knowledge of forgery law in federal court.
Federal forgery charges under 18 U.S.C. § 471-473 carry penalties including fines of up to $25,000 per count and lengthy prison sentences.
If you are charged with any federal forgery offense, you need the best legal defense available. Contact our office at Stechschulte Nell, Attorneys at Law, in Tampa for a full review of your case and a discussion of your best defense strategy.
Federal Forgery Law
Forgery under federal law is defined as the false making, altering, forging, or counterfeiting of any writing with the intent to defraud. This includes a wide range of documents including checks, bonds, securities, stamps, and other government-issued documents. The statute also covers the possession, passing, or attempting to pass these forged documents, with knowledge of their false nature. The penalties for federal forgery are stringent, with potential punishments including fines and imprisonment of up to 20 years, depending on the nature and severity of the offense.
Forgery becomes a federal crime primarily when it involves the United States government, and financial institutions, or crosses state lines. For instance, forging federal documents like U.S. Treasury checks or military discharge papers falls under federal jurisdiction. Similarly, if the forgery involves interstate commerce or financial institutions insured by the federal government, federal authorities will likely prosecute the case.
Federal Forgery Defense Strategies
When facing federal forgery charges, several defense strategies can be employed, depending on the specific circumstances of the case. The best defense strategies for federal forgery charges usually revolve around challenging the quality and sufficiency of the prosecution’s evidence, demonstrating a lack of intent to defraud, or highlighting procedural errors in the investigation or arrest process.
- Challenging the Evidence: One of the most effective defense strategies is to scrutinize the prosecution’s evidence meticulously. This can involve questioning the authenticity of the alleged forged documents or the methods used to identify the forgery. For example, if the prosecution’s case relies heavily on expert testimony regarding the authenticity of a signature, challenging the credentials or findings of the expert witness can be a viable strategy. Additionally, if there are issues with the chain of custody of the evidence, this can be used to cast doubt on the prosecution’s case.
- Lack of Intent to Defraud: Intent is a critical element in federal forgery cases. The prosecution must prove beyond a reasonable doubt that the defendant had the specific intent to defraud. Demonstrating that there was no intent to defraud can be a powerful defense. This might involve presenting evidence that the defendant believed the document to be genuine or that the alteration was made without any fraudulent intent. For example, if a person signed a check on behalf of another individual with the genuine belief that they had the authority to do so, this could negate the intent to defraud.
- Mistaken Identity or Lack of Knowledge: Another defense is to argue that the defendant was not the individual who committed the forgery or that they were unaware that the document was forged. This can be particularly effective in cases where multiple individuals had access to the documents in question. Providing an alibi or evidence that someone else had the motive and opportunity to commit the forgery can create reasonable doubt.
- Procedural Errors: Procedural errors during the investigation or arrest can also form the basis of a strong defense. This includes violations of the defendant’s Fourth Amendment rights against unreasonable searches and seizures, improper handling of evidence, or failure to follow proper legal procedures during the arrest. If it can be shown that law enforcement officers conducted an illegal search or seizure, any evidence obtained as a result may be inadmissible in court, significantly weakening the prosecution’s case.
- Cooperation and Plea Bargaining: In some rare cases, cooperating with federal authorities and negotiating a plea bargain may be the best strategy. This can result in reduced charges or a lighter sentence. Part of every federal defense lawyer’s skill set is negotiating favorable plea bargains with the prosecution to achieve the best outcome for the defendant. However, this strategy should be considered carefully, weighing the potential benefits against the long-term consequences of a criminal conviction.
- Psychological Defenses: In certain situations, a psychological defense may be appropriate. This involves presenting evidence that the defendant was suffering from a mental disorder or incapacity that prevented them from forming the requisite intent to defraud. Expert testimony from psychologists or psychiatrists can be crucial in establishing this defense.
- Duress or Coercion: If the defendant can demonstrate that they committed the forgery under duress or coercion, this can also serve as a defense. This might involve proving that the defendant was threatened or forced to commit the forgery against their will. Evidence of threats of imminent harm, intimidation, or coercion can support this defense and potentially lead to an acquittal.
- Technical Defenses: There are also technical defenses that can be employed, such as arguing that the prosecution has failed to meet the statutory requirements for a forgery charge. This might involve demonstrating that the document in question does not meet the legal definition of a forged document or that the prosecution has not established all the elements of the offense.
Each forgery case is unique, and the most effective defense strategy will depend on the specific facts and circumstances of the case.
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Stechschulte Nell’s Approach to Federal Forgery Defense
At Stechschulte Nell, Attorneys at Law, we thoroughly investigate the case, analyze the evidence, and develop a tailored defense strategy that addresses the specific charges and the prosecution’s evidence. This involves not only legal expertise but also a deep understanding of the client’s situation and the ability to present a compelling case to the court.
Facing federal forgery charges is a frightening experience that requires a strategic and knowledgeable approach. Understanding the complexities of federal forgery law, the potential penalties, and the best defense strategies is crucial to achieving the best possible outcome. Whether by challenging the evidence, demonstrating a lack of intent, or highlighting procedural errors, experienced federal criminal defense lawyers can make a significant difference in the case’s outcome. Call 813-280-1244 today for a case review.
