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WHAT IS FORGERY IN NEVADA?
Forgery in Nevada is the fraudulent making, altering, or uttering of a written instrument with the intent to defraud. This includes signing another person's name, altering checks, creating false documents, or passing forged instruments.
WHAT THE PROSECUTION MUST PROVE
To convict you of Forgery in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant made, altered, or uttered a written instrument
The instrument was false or falsely altered
The defendant acted with intent to defraud another person
The instrument could have legal significance if genuine
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR FORGERY IN NEVADA
Standard forgery
Category C Felony — 1–5 years prison, fines up to $10,000
Forgery of public records
Category B Felony — enhanced penalties
Possession of forged instruments
Category D Felony — 1–4 years prison
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending forgery charges
Forgery requires proof of intent to defraud — not just that a document was altered. I have successfully defended cases where my client altered a document under a mistaken belief they had authority to do so.
Handwriting analysis is frequently used as evidence. These experts can be challenged — the science of handwriting comparison has significant limitations and is not infallible.
Check forgery cases often involve identity theft as an underlying issue. If someone else used your identity to forge checks, we can build a defense around that.
The 'uttering' element — actually passing the forged document — is a separate crime from the forgery itself. Prosecutors sometimes charge both, doubling the exposure.
Many forgery cases involve domestic situations — forged signatures on joint accounts or documents. Context matters enormously in these cases.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO FORGERY
Every case is unique, but these are the defenses most commonly raised in forgery cases in Nevada:
Lack of intent to defraud — authorization or good faith belief
Mistaken identity — someone else committed the forgery
The instrument was not capable of defrauding anyone
Consent of the purported signer
Insufficient evidence of defendant's involvement