Uttering, an offense that is somewhat similar to counterfeiting, is defined in Florida as an individual who utters and publishes a deed, record, instrument, or other specific writing that is forged, altered, counterfeit, or otherwise false and who does so knowing that the instrument is forged, fake, or counterfeit with the intent to defraud or injure. An example of uttering a forged instrument would be an underage person who uses a fake driver's license or other form of identification in order to get into a bar that serves alcohol. However, you do not have to actually create the forged instrument to be charged with uttering, which simply means using the counterfeit or fake instrument/deed/record/document, etc.
At Adams & Luka, our Orlando fraud defense lawyers understand that you may have used a forged document not knowing it was a fake, or that you may simply have made a mistake you now regret. Regardless of your circumstances, it is vital to discuss your situation with a skilled attorney right away.
While most commonly done for the purpose of material or financial gain with intent to defraud (for instance, writing a bad or "worthless" check), uttering may also be charged when a person provides false information on an employment application such as date of birth or college degrees. Whether you have purposely committed uttering, did so unknowingly, or are completely innocent, it is important to consult with a capable Orlando uttering a forged instrument attorney at once in an effort to avoid a conviction and resulting criminal penalties.Defenses to Charges of Uttering a Forged Instrument in Florida
While there are defenses that would typically be raised at trial that are factual and indicate reasonable doubt, additional defenses that are common in defending against uttering a forged instrument include, but are not limited to:
You were not aware the instrument was fake, counterfeited, altered, or forged.
One element that the state must prove in an uttering a forged instrument case is that the defendant absolutely, without a doubt knew that the instrument was false/forged. If you did not know, it is a strong and effective defense strategy.Criminal Penalties for Uttering a Forged Instrument in Orlando & Central Florida
Considering that many circumstances which would leave someone facing charges of uttering a forged instrument seem minor, the penalties are severe. In Florida, this offenses is classified as a third degree felony and is punishable by:
As you can see, you do not want to risk a conviction and the resulting consequences.Contact Adams & Luka Now
Whether you have been falsely accused of uttering a forged instrument or had an error in judgment you now regret, we will thoroughly review your case to determine the most effective legal strategy. At Adams & Luka, our top priority is providing a solid defense and legal guidance to our clients, always working toward positive results. Contact us immediately for a free consultation at (407) 872-0307 or (352) 787-2101.