Proving Intent To Defraud in Forgery Cases: What To Expect

According to Pennsylvania statutes, the crime of forgery occurs when a person intentionally and knowingly attempts to defraud or cause harm to someone else through means of fabrication or imitation. In Pennsylvania, the crime of forgery can be prosecuted as either a felony or a misdemeanor, usually depending on the amount of money involved.

If you or a family member has been charged with forgery in the Commonwealth of Pennsylvania, the LLF Law Firm Criminal Defense Team can help you. Our team has experience in defending those who have been accused of a wide range of white collar crimes and other offenses. To find out how we can help you, call 888-535-3686 or fill out our confidential, online contact form today.

The Prosecution Must Prove All Elements of the Crime of Forgery, Including Intent To Defraud

Perhaps the most difficult element to prove with respect to the crime of forgery is intent to defraud. It is not enough to prove that the actions of the defendant caused harm to another person; the prosecution must prove that doing so was done intentionally or knowingly.

Proving intent requires a showing that the defendant had knowledge of the falsehood of their actions at the time they were performed. Negligence is not sufficient; there must be additional evidence of willful deceit. The best evidence of intent is direct evidence, such as an oral or written statement made to a co-conspirator or other person admitting to forging a document in order to defraud or steal money from another.

It is important to note, however, that it is not necessary for the prosecution to provide direct evidence of intent. There need not be a “smoking gun” such as a text or e-mail essentially admitting to the crime. Intent can be proven circumstantially, such as through patterns of behavior or the nature of the transaction. For example, if a person purchases a car with a fake check that can be proved to have originated from the defendant’s computer, that fact alone may be enough to prove intent. Similarly, if there is evidence that a defendant knew that others were relying on his or her false statements and that the defendant knew they were false, such evidence may be sufficient to prove intent.

The LLF Law Firm Can Help You Defend Yourself

The LLF Law Firm’s Criminal Defense Team has experience defending individuals being investigated or prosecuted for white collar crimes, including forgery. While the general public sometimes believes that convictions for forgery and other white collar crimes result in lenient punishments, this is rarely the case. Some criminal defendants convicted of a white collar crime are saddled with restitution and fines that they will never be able to pay off.

The conviction of the crime of forgery can be devastating to you and your family. Your professional and personal reputation can be severely damaged by a criminal conviction, and it may be extremely difficult to obtain future employment. The LLF Law Firm Criminal Defense Team has the experience needed to defend you. Call 888-535-3686or fill out our confidential online form.