If you have been arrested for forgery in Lexington, Columbia, or elsewhere in South Carolina, it is important to understand the specific allegations against you. Not every situation involving a questionable signature, altered check, or disputed financial document constitutes criminal forgery.
At the Law Office of James R. Snell, Jr., LLC, we represent individuals accused of forgery and other financial crimes throughout South Carolina. We offer free consultations to discuss the charges, potential penalties, and available defense strategies.
If you've been accused of forgery, theft, breach of trust or other crime we recommend you consult with a criminal defense attorney before agreeing to make any statements or meet with any investigator.
What Is Considered Forgery in South Carolina?
South Carolina's forgery law is found in S.C. Code § 16-13-10. The statute generally prohibits falsely making, forging, or counterfeiting certain documents with the intent to defraud another person. It also prohibits knowingly publishing or presenting certain forged documents as genuine with fraudulent intent.
Forgery allegations can arise from a variety of circumstances, including signing someone else's name on a check, altering financial documents, creating fraudulent instruments, or attempting to use documents that were allegedly forged by another person.
For example, someone might be accused of forgery after depositing a check that police believe contains an unauthorized signature. Another person might face charges after allegedly altering the amount payable on a check or presenting a financial document that investigators believe is fraudulent.
However, the existence of an unauthorized signature or an altered document does not automatically establish every element of a forgery offense. The prosecution must prove that the defendant committed conduct prohibited by the statute and possessed the required fraudulent intent.
What Is the Punishment for Forgery in South Carolina?
The potential punishment for forgery depends primarily on the amount involved in the alleged offense.
Under S.C. Code § 16-13-10, the penalties are generally as follows:
Forgery involving less than $10,000: This is a felony punishable by up to five years in prison, a fine determined by the court, or both.
Forgery involving $10,000 or more: This is a felony punishable by up to ten years in prison, a fine determined by the court, or both.
Forgery involving a document without a dollar amount: This is classified as a misdemeanor and is punishable by up to three years in prison, a fine determined by the court, or both.
These penalties represent the maximum sentences authorized by the statute. They do not mean that everyone convicted of forgery will receive a prison sentence. Other that convictions some cases may be eligible to be dismissed by the prosecutor, or referred into the pre-trial intervention program (PTI). There are also plea agreements that can lower the severity of the charge or the sentence. Finally, the court has the authority to not impose any jail time as part of a sentence, or to place a defendant on probation.
The actual outcome of a forgery case can depend on the allegations, the available evidence, the defendant's criminal history, whether multiple charges have been filed, and other circumstances.
A forgery conviction can also have consequences beyond a fine or prison sentence. A criminal record may affect employment opportunities, professional licensing, housing applications, and other aspects of a person's future.
Is Forgery Always a Felony in South Carolina?
No. Although most forgery charges involving a stated dollar amount are classified as felonies, South Carolina law recognizes a misdemeanor classification for forgery involving a document without a dollar amount.
This distinction can be important when evaluating the potential consequences of a criminal charge.
For example, someone accused of forging a check for $500 may face a felony charge, even though the amount involved is relatively small. By comparison, an allegation involving a document without a dollar amount may fall under the misdemeanor provision.
The classification depends on the statutory requirements and the facts of the particular case. Simply because a document is not a check does not necessarily mean the allegation qualifies as a misdemeanor.
If you have been charged with forgery, your attorney can review the warrant, the document involved, and the applicable statute to determine whether the charge has been classified correctly.
Can You Be Charged with Forgery for Signing Someone Else's Name?
Yes. Signing another person's name without authorization can lead to a forgery charge when the conduct satisfies the requirements of South Carolina law.
However, signing someone else's name is not automatically a crime.
There are legitimate situations in which one person may have permission or legal authority to sign documents for another person. These situations can involve business relationships, family arrangements, powers of attorney, or other forms of authorization.
For example, a person may have been given permission to endorse a check or sign a document on someone else's behalf. A later disagreement about that authorization does not necessarily establish that the person committed forgery.
In other cases, the issue may be whether the accused person knew that a document was forged.
These distinctions matter because forgery requires proof of fraudulent intent. An innocent mistake, misunderstanding, or authorized signature is not the same as intentionally creating or using a forged document to defraud someone.
Can You Be Charged with Forgery for Cashing or Depositing a Check?
Yes. Check-related allegations are one way forgery charges can arise in South Carolina.
A person may be investigated after cashing or depositing a check that police believe was stolen, altered, counterfeit, or signed without authorization.
However, there is an important difference between knowingly using a forged check and unknowingly accepting or depositing a check that turns out to be fraudulent.
For example, someone might receive a check as payment for work, deposit it into a bank account, and later discover that the check was counterfeit. The fact that the check was fraudulent does not, by itself, prove that the person who deposited it knew about the forgery or intended to defraud anyone.
When defending these allegations, it may be important to examine how the person obtained the check, what they were told about it, whether they received any proceeds, and what evidence exists regarding their knowledge and intentions.
Bank records, text messages, emails, witness statements, and other evidence may help establish what actually happened.
Does the Prosecutor Have to Prove Intent to Defraud?
Yes. Intent to defraud is an essential element of forgery under South Carolina law.
This means that the prosecution must establish more than the mere existence of a forged or altered document.
Depending on the specific allegations, the prosecution must prove that the defendant engaged in prohibited conduct with the required fraudulent intent.
In many cases, intent is not something that can be established through direct evidence. Instead, prosecutors may rely on circumstantial evidence, such as a person's actions, statements, financial transactions, or communications.
However, circumstantial evidence can be open to different interpretations.
For example, a person who deposits a counterfeit check may have been participating in a fraudulent scheme. Alternatively, that person may have been deceived by someone else and had no knowledge that the check was counterfeit.
A criminal defense attorney can examine the evidence to determine whether the prosecution can actually establish fraudulent intent beyond a reasonable doubt.
Can Forgery Charges Be Dismissed in South Carolina?
Yes. Forgery charges can be dismissed under appropriate circumstances, although dismissal is never guaranteed.
Potential defense issues may include whether the accused person actually signed or altered the document, whether the signature was authorized, whether the person knew the document was forged, and whether the prosecution can establish fraudulent intent.
The evidence connecting the defendant to the alleged forgery may also be disputed.
For example, the prosecution may rely on surveillance footage, bank records, handwriting comparisons, witness statements, or statements allegedly made during a police investigation. Each category of evidence should be evaluated for accuracy, reliability, and relevance.
In some cases, there may be grounds to challenge how evidence was obtained or whether the evidence is legally admissible.
Depending on the circumstances, an attorney may seek dismissal, negotiate a resolution, pursue an available diversion program, or prepare the case for trial.
The appropriate strategy depends on the evidence, the defendant's objectives, and the specific charges involved.
Can a First-Time Offender Avoid Jail for Forgery?
A person charged with forgery for the first time may have options that could help avoid incarceration, depending on the circumstances.
South Carolina offers certain diversion programs, including Pretrial Intervention, for defendants who meet applicable eligibility requirements and receive the necessary approval.
Successful completion of an approved diversion program may result in the criminal charge being dismissed.
However, participation is not automatic. Eligibility and acceptance can depend on the nature of the offense, the defendant's criminal history, prosecutorial discretion, and other considerations.
Even when diversion is unavailable, there may be other potential resolutions, including negotiated pleas or sentencing alternatives.
It is important to understand that being a first-time offender does not automatically prevent a felony conviction or guarantee that jail or prison can be avoided.
What Happens After a Forgery Arrest in Lexington County?
A person arrested for forgery in Lexington County may initially appear before a bond court, where conditions of release are considered.
Depending on the classification of the charge and the circumstances of the case, further proceedings may take place in the appropriate South Carolina criminal court.
Felony forgery charges are generally prosecuted in the Court of General Sessions. A misdemeanor forgery charge carrying a potential sentence of up to three years also falls outside the ordinary sentencing jurisdiction of South Carolina's magistrate and municipal courts.
After an arrest, the case may involve investigation, discovery of the prosecution's evidence, negotiations, motions, and potentially a trial.
A defendant should not assume that the case will be dismissed simply because the amount involved was small, the alleged victim was reimbursed, or the defendant has no prior criminal record.
Additionally, someone accused of forgery should be cautious about attempting to explain the allegations directly to police investigators without first obtaining legal advice. Statements made during an investigation may later become evidence in the criminal case.
Do You Need a Criminal Defense Lawyer for a Forgery Charge in Lexington, SC?
Because forgery can carry significant criminal penalties, obtaining legal representation early in the process can be important.
A defense attorney can review the arrest warrant, examine the allegations, request relevant evidence, and identify potential weaknesses in the prosecution's case.
In financial crime investigations, seemingly minor details may become significant. The circumstances surrounding a signature, the origin of a check, communications between the parties, and the defendant's knowledge of the transaction may all affect the defense.
An attorney can also help evaluate potential resolutions and explain the consequences of accepting a plea agreement versus contesting the charge.
Even when the alleged amount is relatively small, a felony forgery conviction can have long-term consequences that extend beyond the immediate criminal case.
Charged with Forgery in Lexington or Columbia, South Carolina? Contact Our Office
If you have been arrested for forgery in Lexington, Columbia, or elsewhere in South Carolina, the Law Office of James R. Snell, Jr., LLC, can help you understand your legal options.
We represent clients facing forgery allegations and other criminal charges. Our office can review the specific accusations, evaluate the available evidence, and develop a defense strategy based on the circumstances of your case.
We offer free consultations, and same-day appointments are typically available.
Call (803) 359-3301 to speak with our office about your forgery charge and the steps you can take to protect your rights.
Disclaimer: This article is intended to provide general information about South Carolina criminal law and does not constitute legal advice. Every criminal case is unique, and the appropriate defense strategy and potential outcome depend on the specific facts and circumstances. Prior results obtained by an attorney in one matter do not indicate or guarantee that similar results can be obtained for other clients in other matters.