What Are the Different Types of Forgery Crimes That Are Illegal in Illinois?

Forgery crimes in Illinois are big time and can get you fined and/or locked up. Illinois forgery laws are broad and cover a lot of ground when it comes to altering, creating, or using fake documents or signatures to deceive. Knowing the different types of forgery crimes is important because they are common and serious in Illinois.

Let’s go over the different types of forgery crimes in Illinois and what you should know if you’re charged.

What is Forgery in Illinois?

Before we discuss the different types of forgery, let’s define forgery in Illinois. Forgery is the act of creating, altering, or using a fake document to deceive another person or entity. It can take many forms, from signing someone else’s name on a check to falsifying legal documents.

According to 720 ILCS 5/17-3, a person commits forgery when:

• They make or alter a document to look like it was made by another person.
• They issue or deliver a document they know is forged.
• They use a forged document to defraud.

Now, let’s get into the most common types of forgery crimes in Illinois.

Check Forgery

Check forgery is one of the most common types of forgery crimes. It’s when someone creates, alters, or endorses a check to defraud a bank, business, or individual. This can include:

• Altering the amount: Changing the amount on a real check to steal more money.
• Creating fake checks: Printing checks using someone else’s bank account information.
• Forging signatures: Signing someone else’s name on a check without their permission.

In Illinois, check forgery can get you charged criminally and civilly. Penalties depend on the value of the check and if you have prior forgery convictions.

Forged Legal Documents

Another type of forgery is the falsification or alteration of legal documents. This can include altering contracts, deeds, wills, or other binding documents to get something illegally. For example:

• Altering a will: Changing the terms of a will without the person who created it knowing or consenting.
• Modifying a contract: Changing key terms of a contract to benefit yourself or another party.

Forging legal documents is a serious crime because it not only defrauds individuals but also the legal system. Those convicted of this crime can get prison time and big fines.

Identity Theft Related Forgery

Forgery is often tied to identity theft, especially when someone uses someone else’s identity to create fake documents. In Illinois, using someone’s personal information – name, Social Security number, or credit card info – to create or alter a document is identity theft-related forgery.

This is becoming more common in today’s digital age. Penalties for identity theft related to forgery are severe as these crimes cause significant financial harm to the victim.

Public Records Forgery

Public Records Forgery is the act of altering or creating false versions of government or public documents. These can be birth certificates, marriage licenses, driver’s licenses, or even court records. This is a serious crime because it undermines the integrity of official documents and the institutions that rely on them.

Examples of public records forgery include:

• Falsifying a driver’s license: Creating a fake license to avoid legal consequences or deceive the authorities.
• Altering a birth certificate: Changing the details on a birth certificate to get unauthorized benefits such as citizenship.
• Tampering with court records: Altering court orders or legal documents to change the outcome of a case.

Public Records Forgery is treated very seriously in Illinois, and those convicted can get a long prison sentence and other penalties.

Art and Document Forgery

Another type of forgery crime is the falsification of art, antiques, or historical documents. This is a niche crime but can involve high-value items, so collectors, galleries, and museums can lose big. Types of art and document forgery include:

• Art forgery: Creating a fake painting and selling it as an original by a famous artist.
• Fake historical documents: Altering or forging historical documents like letters, manuscripts, or artifacts to defraud buyers or collectors.

Art forgery cases require complex investigations and expert testimony to determine if a piece is authentic. Penalties for this type of forgery vary depending on the value of the items and the degree of fraud.

Forgery in Illinois

Penalties for forgery in Illinois depend on the type of forgery and the value of the goods or documents. Generally, forgery is a Class 3 felony in Illinois, which can be:
2 to 5 years in prison.

• Fines up to $25,000.
• Restitution to the victim(s) of the forgery.

However, some types of forgery, such as public records or large-scale financial fraud, can carry more severe penalties. And if the forgery is part of a bigger scheme, like identity theft or organized crime, the penalties can be even worse.

How to Defend Against Forgery Charges

If you’re charged with forgery in Illinois, you need to understand the severity of the charges and get legal advice. There are several defenses an attorney can use to challenge forgery charges, such as:

1. Lack of intent: Proving the accused didn’t intend to defraud anyone is a common defense in many forgery cases. Without intent, the prosecution may not be able to prove that a crime was committed.
2. Mistaken identity: In some cases, someone may be falsely accused of forgery due to mistaken identity or false implication.
3. Consent: If the person whose signature or information was used gave consent, it’s not forgery.

Working with an experienced attorney is key to presenting a good defense and minimizing the penalties of a forgery charge.

Contact Azhari LLC

Forgery crimes in Illinois are many and varied from check fraud to identity theft-related forgery and falsifying legal documents. Being charged with a forgery crime can mean serious legal consequences, including prison time and big fines. If you or someone you know is charged with forgery, get legal advice now to understand your rights and defenses.

For forgery cases, Azhari LLC can help.

FAQs

1. What is the punishment for forgery in Illinois?

Forgery is a Class 3 felony in Illinois which can be 2 to 5 years in prison and fines up to $25,000.

2. How is forgery proven in court?

The prosecution must prove the accused intentionally altered or created a document to defraud. This usually involves showing the falsified document and the accused’s intent.

3. Is forging someone’s signature always a crime?

Yes, forging someone’s signature without their consent to deceive or defraud is a crime in Illinois and can be severe.

4. Can I be charged with a fake ID in Illinois?

Yes, creating or using a fake ID is forgery and illegal in Illinois. This includes altering any government-issued identification documents.

5. What if I’m charged with forgery?

If you’re charged with forgery, get legal advice now.