Maybe you signed someone else’s name. Maybe a number on a document was changed, or you handed over something that turned out to be fake. Now the police are asking questions, or you have a court date for forgery. It is a frightening charge, and it should be.
I want to walk you through what the law actually says. Forgery in Massachusetts is a felony. But the statute is specific, and the Commonwealth has to prove each part of it. I’ll go in the order a case usually unfolds: what the charge is, what it covers, what must be proved, the penalties, where the case is heard, and how a defense is built.
What Forgery Means Under Massachusetts Law
Forgery is making, changing, or counterfeiting certain documents in order to cheat someone. The main statute is G.L. c. 267, § 1. It reaches anyone who, “with intent to injure or defraud, falsely makes, alters, forges or counterfeits” one of the documents the statute lists.
Notice the two pieces. There is an act: falsely making, altering, forging, or counterfeiting. And there is a state of mind: intent to injure or defraud. Both matter.
Section 1 allows a sentence in the state prison. Under G.L. c. 274, § 1, a crime punishable by imprisonment in the state prison is a felony. So a forgery charge under § 1 is a felony charge.
The Documents the Statute Covers
The statute does not cover every piece of paper. Section 1 lists the kinds of documents it protects, and a charge has to fit that list.
The list in § 1 includes:
- A public record, or a certificate, return, or attestation of a court clerk, notary public, town clerk, or other public officer, where it may be received as legal proof.
- A deed, will, bond, power of attorney, policy of insurance, bill of lading, bill of exchange, or promissory note.
- An order, acquittance, or discharge for money or other property.
- A credit card, or a bank-purchased traveller’s check of the kind described in the statute.
- An endorsement or assignment of a bill of exchange or promissory note.
- An accountable receipt for money, goods, or other property.
- A stock certificate, or any evidence of title to property.
- A certificate of title, and certain land registration records.
Other sections cover other items. Section 2 covers railroad tickets and passes, and tickets or passes to an exhibition, entertainment, performance, match, or contest. Section 3 covers forging the seal of the land court. Section 8 covers counterfeit bank bills, bank-issued promissory notes, and the traveller’s checks described in the statute.
Section 16 adds one more rule. A fictitious signature of a corporate officer on a note or similar debt instrument is still a forgery, even if that officer never existed.
What the Commonwealth Must Prove
Reading § 1 closely, the Commonwealth has to prove three things.
- The document is one the statute lists.
- The person falsely made, altered, forged, or counterfeited it.
- The person acted with intent to injure or defraud.
That is the backbone of the charge. If the Commonwealth cannot prove one of those parts, the charge does not hold together.
Read each part slowly. The statute’s verbs are about the document itself: making it falsely, changing it, forging it, or counterfeiting it. That is why I start any forgery case by looking at exactly what document is charged, and exactly what the complaint says was done to it.
Uttering: Using a Forged Document
You can also be charged for using a forged document, even if someone else made it. The crime is called uttering.
Under G.L. c. 267, § 5, it applies to anyone who, “with intent to injure or defraud, utters and publishes as true” a false, forged, or altered document covered by the first four sections, “knowing the same to be false, forged or altered.” Put plainly, it is about using the document as if it were real.
The key word is knowing. Uttering requires proof that you knew the document was false, forged, or altered. Sections 6 and 10 do the same for tickets and passes (§ 6) and for bank bills, notes, and traveller’s checks (§ 10).
Forging and uttering are separate offenses with separate elements. The same event can raise both questions, and each one has to be proved on its own.
How the Case Starts and Where It Is Heard
A forgery case starts one of two ways. You are arrested, or you receive paperwork telling you to come to court. If you were arrested, my article on what happens when you’re arrested explains the first hours. If you received a summons, read what a criminal summons means. Either way, the charge has a specific statute section behind it, and that section controls everything that follows.
Which court hears a forgery case can depend on what was charged. Under G.L. c. 218, § 26, the district courts have jurisdiction, concurrent with the superior court, over felonies punishable by no more than five years in state prison. That section also lists, by name, “forgery of a promissory note, or of an order for money or other property,” and uttering such a forged note or order. Section 1 itself allows up to ten years, which is above the general five-year line.
Your first court date is the arraignment, where the charge is formally read. I explain it in what happens at an arraignment. After that, the case moves toward a pre-trial conference, where the lawyers discuss the case before any trial.
Penalties for Forgery and Related Offenses
The penalty depends on the section charged. Here is what the statutes say.
- Forgery of the documents in § 1, and uttering under § 5: state prison for not more than ten years, or jail for not more than two years.
- Forging the land court seal under § 3: the same, up to ten years in state prison or two years in jail.
- Forging railroad or admission tickets and passes under § 2, and uttering them under § 6: state prison for not more than three years, or jail for not more than two years, or a fine of not more than $500.
- Counterfeiting bank bills, notes, or traveller’s checks under § 8: state prison for life or for any term of years.
- Uttering those bills, notes, or checks under § 10: state prison for not more than five years, or a fine of not more than $1,000 and jail for not more than one year.
Those are the maximums the legislature set. They do not tell you what will happen in any one case.
The Time Limit for Bringing a Forgery Charge
There is a deadline. Under G.L. c. 277, § 63, an indictment for a crime not listed in the special categories must be found and filed within six years after the crime was committed. Forgery is not one of the listed exceptions.
The statute also says time is excluded while a defendant is not usually and publicly a resident of the commonwealth. If the date matters in your case, the exact timeline needs a careful look.
Defenses Built on the Statute’s Words
A defense usually starts with the elements. If the Commonwealth cannot prove a required part of the charge, that is a defense. I look at these questions first.
- Is the document one the statute actually lists?
- Was anything falsely made, altered, forged, or counterfeited at all?
- Did the person charged do it, or is identity the real issue?
- Is there proof of intent to injure or defraud, not just a mistake or a misunderstanding?
- For uttering, is there proof the person knew the document was false?
- Was the charge brought within the time limit?
Showing that a document is false is one thing. The Commonwealth must still prove who falsified it and with what intent. Those are separate questions, and each one is a place where a case can fall short.
Some conduct also falls under other crimes. If the allegation is really about a bad check, see larceny by check. If it involves using another person’s identity, see identity fraud. The right charge matters, because the elements and penalties are different.
Frequently Asked Questions
Is forgery a felony in Massachusetts?
Under § 1, yes. The statute allows imprisonment in the state prison, and G.L. c. 274, § 1 says a crime punishable by state prison is a felony.
What is the difference between forgery and uttering?
Forgery is making, altering, or counterfeiting the document. Uttering is using or presenting it as genuine, knowing it is false. A person can be charged with either or both.
Do I have to have made the fake document myself to be charged?
No. Uttering covers using a forged document someone else made. But the Commonwealth must prove you knew it was false and that you intended to injure or defraud.
What if the document is not on the statute’s list?
Then a § 1 forgery charge has a problem, because the Commonwealth must show the document fits the statute. But a different statute may apply to the same conduct. That is why I read the complaint closely and check which section is actually charged.
Does forgery require that someone actually lost money?
The statute’s wording is “intent to injure or defraud.” It speaks of intent. It does not say anyone had to suffer a loss.
How long does the Commonwealth have to charge forgery?
For a crime like this one, G.L. c. 277, § 63 sets a six-year period for an indictment, with time excluded when the defendant is not a resident of the commonwealth.
Facing a Forgery Charge? Talk to a Lawyer
A forgery charge under § 1 is a felony charge, and the details of the document and your intent matter. You should not face it alone. The Law Office of William J. Barabino in Medford has over 23 years of experience in Massachusetts criminal defense and represents clients throughout Greater Boston.
Call 781-393-5900 to talk about your charge and your options.
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Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
