Forgery is a serious criminal charge in South Carolina, often prosecuted in General Sessions Court and carrying penalties that can include prison time, fines, and a lasting criminal record. Whether the allegation involves a forged check, contract, receipt, or another document, it's critical to understand your legal rights and act quickly to protect yourself.
What is Forgery Under South Carolina Law?
Under S.C. Code § 16-13-10, a person commits forgery when they:
Falsely make, forge, or counterfeit any writing or instrument;
Utter or publish as true a forged or counterfeit document;
Falsely alter, deface, or erase records or plats of land; or
Assist or act in any of the above with the intent to defraud another person.
The law covers both the creation and the use of forged documents. Importantly, it also criminalizes efforts to help or encourage someone else to commit forgery.
Penalties for Forgery Charges
The severity of a forgery charge—and the potential penalties—depends on the circumstances:
Felony (Over $10,000): Up to 10 years in prison and/or a fine at the discretion of the court.
Felony (Under $10,000): Up to 5 years in prison and/or a fine.
Misdemeanor (No dollar amount involved): Tried in Magistrate or Municipal Court, with a maximum penalty of 3 years in prison and/or a fine.
While misdemeanor forgery charges may be handled in lower courts, the consequences can still be life-altering.
Common Examples of Forgery Cases
Our office has defended clients facing forgery charges involving a wide variety of documents, including:
Fake or altered checks
Fraudulent contracts
Forged fuel receipts
Manipulated or recanted signatures on legal or financial paperwork
In some cases, a person may be falsely accused after another party tries to back out of an agreement and claims the document was forged—effectively framing our client for the offense.
What Are Your Legal Options?
Even if law enforcement believes there is sufficient evidence of guilt, forgery charges can still be reduced or dismissed, depending on the facts and the defendant’s history. In many cases:
Restitution payments may be negotiated to help secure a favorable outcome.
Prison time is not mandatory. Charges can sometimes be reduced to a misdemeanor or resolved through probation.
Pre-Trial Intervention (PTI) may be available, especially for first-time offenders with little or no criminal history. Successful completion of PTI can lead to charges being dismissed and eventually expunged.
These are strategic decisions that should only be made with the help of an experienced defense lawyer.
What to Do If You're Accused
If you're being investigated or have been charged with forgery, it is absolutely critical that you do not speak with law enforcement before talking to a lawyer. Anything you say can be used against you, even if you are completely innocent.
There are positive steps you can take immediately:
Retain a criminal defense attorney experienced in handling white collar crimes.
Hire a forensic document examiner (also known as a handwriting expert) to analyze the disputed document.
Consider a voluntary polygraph to support your defense if you're being falsely accused.
These actions can sometimes help prevent a warrant from being issued or may contribute to the case being dropped altogether.
How We Can Help
At the Law Office of James R. Snell, Jr., LLC, we have significant experience defending forgery charges in Lexington, Columbia, and across South Carolina. We understand the complexities of these cases and the importance of a thorough and strategic defense. Whether you're under investigation or have already been arrested, we’re here to help you fight back.
Call Today for a Free Consultation
We offer confidential, no-obligation consultations to anyone facing forgery or related charges. You can reach our office today at (803) 359-3301. Same-day appointments are often available.