What is forgery?
A person who intentionally injures, defrauds, falsely makes, alters, forges, or counterfeits an official document can be punished under Chapter 267 of Massachusetts’ General Laws. To have forgery, something relating to a legal document itself must be false.
What is Massachusetts' law on forgery?
Commonwealth law on forgery states that:
“Whoever, with intent to injure or defraud, falsely makes, alters, forges or counterfeits a [particular type of document] shall be punished…”
In other words, a defendant can be convicted of the crime of forgery if he or she is proven to have (ALL):
1. Existing intent to commit the offense in question:
2. Intent to:
- Injure
- Defraud
- Falsely make
- Alter
- Forge
- Counterfeit
…a particular type of document
What does the government have to show to prove someone guilty of forgery?
In order to prove a defendant guilty of the offense of forgery, the Commonwealth must prove BOTH of the following beyond a reasonable doubt:
1. That the defendant:
- Falsified one or more significant parts of the document in question
- Altered one or more significant parts of the document in question
- Counterfeited the document in question to make it appear to be genuine
2. That the defendant did so with the specific intent to injure or defraud someone
Is making a false statement in a document forgery?
NOT NECESSARILY. Under some circumstances making a false statement IN a document is a separate offense. The offense of forgery is concerned with the genuineness of the document itself, rather than the truth of its contents. To have a forgery, something relating to a legal document ITSELF, as distinguished from its contents, must be false.
What does it mean to forge a document?
Forgery can be committed in THREE ways:
- By counterfeiting or producing what appears to be a genuine legal document, but which in fact is a phony document.
- By falsely filling in one or more important parts of a genuine document—e.g. by forging someone else’s signature on a check or bill of sale
- By altering in a significant way one or more parts of a genuine document that has already been made out—e.g. changing the amount on a check
What types of forged documents do district courts hear cases on?
District courts have final jurisdiction (i.e. official power to make final legal decisions and judgments) over all felonies (i.e. crimes punishable by state prison sentences) punishable by no more than five years.
Additionally, district courts have final jurisdiction over ALL of the following types of documents when a forgery case is in question:
- Promissory notes payable to the bearer
- Orders for money or other properties
- Admission tickets
- Railroad tickets or passes
- A railroad stamp
- Bank bill
- Historical objects
- Birth certificates
- Marriage certificates
- Death certificates
- Motor vehicle licenses
- Motor vehicle permits
- Certificates or inspector stickers
- Motorboat number certificates
- Firearms licenses
- Hunting or fishing licenses
District courts do NOT have final jurisdiction over the following types of documents:
- The Land Court’s seal
- Commonwealth notes
- A bank bill
- Traveller’s checks
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH FORGERY, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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