In Nevada, forgery is legally understood as the attempt to defraud another party through the use of falsified or counterfeit documents. This crime is classified as a Category D felony, which could result in severe penalties including one to four years in prison, fines up to $5,000, and mandatory restitution payments to the victims.
Forgery is a charge with long-lasting implications. Notably, a conviction for forgery in Nevada is not eligible for a criminal record seal until five years after the case has been closed. This can have prolonged effects on an individual’s personal and professional life, highlighting the need for expert legal defense.
What Does it Mean to Commit Forgery Under Nevada Law?
Under Nevada law, the term forgery encompasses a range of deceptive practices, all aimed at misleading others through the use of falsified documents. To secure a forgery conviction, prosecutors must establish three critical elements:
- The act of presenting or attempting to present a fraudulent document as authentic.
- The awareness that the document in question is not genuine.
- The intention to deceive or defraud someone through the use of the fraudulent document.
The Essence of Forgery
At the core of forgery is the action of using—or attempting to use—a doctored document as if it were legitimate. Examples of forgery include:
- Imitating someone’s signature on agreements or notes.
- Attempting to cash fictitious checks or similar financial instruments.
- Modifying the contents of legal documents, such as property deeds, wills, trusts, or lease agreements.
- Fabricating counterfeit monetary orders, lottery tickets, or other valuable instruments.
- Creating false legal directives, stock certificates, or authorizations.
However, the mere act of signing a fictitious name on a document may not constitute forgery if there is no attempt to pass the document as legitimate. For instance, signing a fraudulent name on a check but deciding against cashing it does not automatically result in forgery charges.
Knowledge of the Document’s Falsity
A person can only be convicted of forgery in Nevada if they knew the document was false. For example, if one individual forges a signature on a stolen check and then has another unknowingly deposit it, the depositor is not guilty of forgery if they believed the check was legitimate.
Intent to Defraud
Intent to defraud is central to any forgery charge in Nevada. This means the individual was consciously seeking to deceive others by presenting a false document as true. Common motivations behind such fraudulent intent include financial gain, an increase in power or reputation, or causing harm to another’s standing or financial situation.
If the falsification of a document was accidental or based on a misunderstanding, and there was no intent to deceive, then no crime has been committed.
Proving intent to defraud is challenging, as it involves deciphering the accused’s mindset. Courts often rely on indirect evidence—such as witness accounts, video recordings, or handwriting analysis—to infer fraudulent intent.
What Are the Legal Consequences of Committing Forgery in Nevada?
In Nevada, the penalties for forgery can vary widely depending on the specifics of the crime committed. Generally, forgery is treated as a serious offense and typically classified as a category D felony. This classification results in punishment that may include restitution, a prison sentence ranging from one to four years, and fines that could go up to $5,000.
Nevada’s laws specify different categories of forgery and associated penalties, which are detailed below:
- Forging Documents (NRS 205.090): Classified as a category D felony; punishable by one to four years in prison, up to $5,000 in fines, and restitution.
- False Certificate to Certain Instruments (NRS 205.120): Also a category D felony with penalties including one to four years in prison and up to $5,000 in fines.
- Possessing or Receiving Forged Instruments or Bills (NRS 205.160): This is considered a category C felony, which is punishable by one to five years in prison, fines up to $10,000, and restitution.
- Forgery of Signatures of Public Officers (NRS 205.175): Depending on circumstances, this can be a category D felony or a gross misdemeanor. Penalties range from up to 364 days in jail and/or up to $2,000 in fines, to one to four years in prison and up to $5,000 in fines.
- Counterfeiting Stamps and Labels (NRS 205.195): Treated as a misdemeanor with potential penalties of up to $1,000 and/or up to six months in jail.
- Selling Goods Containing Forged Stamps (NRS 205.200): Another misdemeanor offense with similar penalties—up to $1,000 and/or up to six months in jail.
- Counterfeiting Trademark or Design, Selling or Displaying Goods with False Trademark (NRS 205.205, 205.210): These can range from misdemeanors to category D or E felonies, with penalties varying from probation and suspended sentences to imprisonment and fines.
Additionally, plea bargains are a possibility depending on the specifics of the case. Defendants are more likely to receive a more favorable plea deal if they have no prior criminal record, are able to pay full restitution, and cooperate with Nevada’s law enforcement.
Does Forgery Lead to Deportation for Non-Citizens?
If you’re a non-citizen, the short answer is yes, there’s a risk of deportation from forgery charges. Forgery is considered a crime of moral turpitude, and certain forgery offenses are classified as aggravated felonies, both of which are grounds for deportation. For non-citizens facing such charges, it’s highly advisable to seek out an attorney with expertise in both immigration and criminal defense. A skilled attorney might be able to have the charges dismissed or reduced to an offense that does not carry the risk of removal from the country.
What Are the Legal Implications of Forgery in Nevada: Misdemeanor or Felony?
In the state of Nevada, the severity of forgery offenses can vary greatly, but numerous acts of forgery are classified strictly as felonies. These include the act of forging documents (under NRS 205.090), creating false certificates for specific instruments (NRS 205.120), and either possessing or receiving forged items or currency (NRS 205.160). These acts, due to their nature, are seen as serious offenses within the legal framework of Nevada and are treated as felonies across the board.
However, the legal consequences for other types of forgery offenses can fluctuate between being classified as misdemeanors or felonies, based on the specific circumstances surrounding the case. Such offenses include the selling or displaying of goods with a counterfeit trademark (NRS 205.210) and the forgery of public officials’ signatures (NRS 205.175). The classification of these acts hinges heavily on the details of the incident and the judicial interpretation during proceedings.
Despite the stern penalties associated with forgery offenses, there’s still the potential for negotiation in the form of plea bargains. In such scenarios, it’s conceivable for the prosecution to agree to reduce felony charges to lesser offenses or, in some instances, completely dismiss them. This option often depends on the context of the case, including the accused’s criminal history, the extent of the offense, and other mitigating factors.
Can Prosecutors Easily Prove a Forgery Charge?
Proving forgery can be challenging for prosecutors due to the need to establish intent to defraud beyond a reasonable doubt. Since intent is a mental state, direct evidence is rarely available, leaving prosecutors to depend on indirect, circumstantial evidence. This may include eyewitness accounts, communication records, photographic proof, or video footage that suggest fraudulent intentions. However, without clear evidence that definitively points to the accused’s intent to deceive, sustaining forgery charges becomes difficult.
Forgery Statute (NRS 205.090)
The forgery statute, NRS 205.090, criminalizes the act of falsely making, altering, forging, or counterfeiting various documents and instruments such as public records, financial instruments, wills, contracts, and receipts, among others, with intent to defraud or harm any individual or entity. This statute also covers the act of knowingly passing or attempting to pass any such fraudulent document as genuine. Individuals found guilty of forgery under this statute face punishment as a category D felony, highlighting the seriousness with which such offenses are treated.
How Can You Successfully Defend Against Forgery Charges in Nevada?
When faced with forgery allegations in Nevada, knowing how to challenge the charges is crucial. Here are the three most common defenses you can employ:
- Challenge the Existence of Forgery
It’s possible to be wrongfully accused due to various reasons such as personal vendettas, administrative errors, or misunderstandings about the nature of the document involved. For instance, an accusation could stem from a document mistakenly identified as legally significant when it’s not, like a personal note. - Disprove Intent to Defraud
Forgery charges require proof of intent to commit fraud. If you can demonstrate that your actions were due to a misunderstanding of your authority, or if you were unwittingly implicated in fraudulent activities (perhaps being framed), these situations underline that there was no intent to deceive. - Assert Illegal Search Procedures
Under the Fourth Amendment, any search and seizure conducted by police needs to be backed by a valid warrant or must fall under exceptional circumstances. If evidence is gathered through an infringement of these guidelines, your defense lawyer can request that such evidence be excluded from the case through a motion to suppress, potentially leading to a lack of sufficient proof to support a conviction.
It’s also important to note that regardless of whether the forgery resulted in victims or monetary losses, these factors do not constitute a defense against forgery charges.
ATAC LAW attorneys are well-versed in handling such complex scenarios and can augment your defense with expert witnesses to verify the authenticity of documents and clarify the intent behind your actions. If you’re facing forgery charges, consulting with a seasoned attorney from ATAC LAW can provide critical guidance and representation.
How Soon Can You Have Your Forgery Case Sealed in Nevada?
Burglary in Nevada is defined as the unauthorized entry into a building or vehicle with the explicit aim of committing theft within. For example, if an individual forcibly enters a residence in Henderson with the objective of taking a widescreen television, they could face charges of burglary. However, a critical component of these charges hinges on proving the accused’s intent at the time of entry. Without evidence showing the individual intended to steal upon entering the vehicle or structure, sustaining charges of burglary in Las Vegas becomes a challenge.
If you’re seeking to clear your name after a forgery accusation, understanding the timeline for sealing records is essential. In Nevada, the duration before you can seal your case varies depending on the outcome and the severity of the charge:
- Dismissed or Acquitted Charges: You can begin the process of sealing immediately after the case is dropped or if you are found not guilty.
- Misdemeanor Convictions: You must wait one year from the closure of the case before applying for a record seal.
- Gross Misdemeanor Convictions: A two-year waiting period applies after the case conclusion.
- Category E Felony Convictions: Also carries a two-year waiting period from the time the case finishes.
- Category D and C Felony Convictions: You are required to wait five years once the case has officially closed.
Facing a forgery conviction in Nevada can have long-lasting ramifications, including challenges with employment options and public perception. That is why it’s critical to take action toward having records sealed at your earliest opportunity.
If you or someone you know is facing forgery charges in Nevada, securing skilled legal representation is crucial. At ATAC LAW, our experienced attorneys are committed to providing vigorous defense and personalized legal solutions to ensure the best possible outcomes in such complex situations. For more information or to discuss a specific case, do not hesitate to contact us. Protect your rights and future with the legal expertise of ATAC LAW.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.
