Check Forgery is a Form of Theft

 Posted on October 06, 2016 in Theft

Delivering a forged check, a check that is not signed by the real owner of the checking account or a check that is fabricated or altered in some way, is considered to be a deception-based criminal offense under 720 ILCS 5/17-1(B). When a person tries to pass off a forged or fake check as if it were a real check, the person is trying to knowingly defraud the check’s recipient in order to financially benefit from the deception. Check forgery is a form of theft.

What is Required to Prove Check Forgery?

Someone who is facing charges for check forgery in Illinois will be mercilessly prosecuted by the state. In order to get a check forgery conviction, the state prosecutor must show:

1. That the defendant knowingly made or altered a check;
2. The purpose of defrauding another;
3. Where the check was made or altered to look like it was issued by another; and
4. That the check wasdelivered or issued to recipient of the check with the intent to defraud the check’s recipient.

You can be charged with check forgery even if you do not actually defraud someone. To say this another way, if the check’s recipient, or someone else, figures out that the check is forged before cashing it or does not believe that the check is authentic, you can still be charged with check forgery. Merely handing over a forged check to the check’s intended recipient is enough to be charged with check forgery.

What Are Some Typical Defenses to Check Forgery Charges?

There are a number of different defenses that can be raised against check forgery charges, and which defenses are appropriate for your particular circumstances will depend on your situation. You should consult with an experienced lawyer to get a better understanding of what defenses may be available to you. Typical defenses to check forgery charges include:

• That the criminal defendant did not know that he or she was issuing a forged check;
• That the criminal defendant lacked the intent to defraud or deceive the check’s recipient;
• That the criminal defendant was too young to know the harm in what he or she was doing by forging the check, i.e., infancy—the offender was under the age of 13;
• That the criminal defendant was forced to make the forged check, i.e., the criminal defendant was under duress;
• That the criminal defendant was mentally unstable at the time the check was forged; and
• That the criminal defendant was a victim of identity theft and his or her name was used to forged checks.

Accused of Check Forgery? Get a Lawyer

If you have been charged with check forgery or any other theft crime, it is important that you get in touch with an experienced theft attorney as soon as possible. Please contact a passionate Rolling Meadows criminal defense attorney immediately. Our office is available to help you today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K17-1