Forgery

Best Forgery Lawyers

Our team of specialist forgery lawyers have years of experience in defending clients charged with these offences. We have a proven track record of our clients being found ‘not guilty’ as well as avoiding convictions when they choose to plead guilty. See our recent results for forgery charges.

Contact us now to speak to our accredited specialist in criminal law. Our friendly team can provide you with immediate advice.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Forgery?

  The definition of Forgery involves the making of a false document with the intention that it will be accepted as genuine and influence another person or cause a financial advantage or disadvantage.

   

  How Do You Beat a Forgery Charge?

  There are a number of different sections of the Commonwealth Criminal Code that deal with what constitutes a forgery offence.

  You can fight forgery charges in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

  s144.1(1) Criminal Code (Cth):

  1. You made a false document;
  2. with the intention to dishonestly influence another person, in their capacity as a commonwealth public official, to accept it as being a genuine document; and
  3. It was accepted as a genuine document; and
  4. You intended to dishonestly:
     1. obtain a financial advantage or property; OR
     2. cause a financial loss; OR
     3. influence the exercise of a public function.

   

  s144.1(3) Criminal Code (Cth):

  1. You made a false document;
  2. with the intention to dishonestly cause a computer to respond to it as being genuine; and
  3. the computer responded to it as being genuine; and
  4. You had the intention to:
     1. obtain a financial advantage or property; OR
     2. cause a financial loss; OR
     3. influence the exercise of a public function; AND
  5. The response by the computer was in relation to the operation of a commonwealth entity

   

  s144.1(5) Criminal Code (Cth):

  1. You made a false document;
  2. with the intention to dishonestly influence a third person to accept it as genuine; and
  3. It was accepted as genuine; and
  4. You had the intention to dishonestly obtain a gain, cause a loss, or influence the exercise of a public function; and
  5. The false document was a false commonwealth document

   

  s144.1(7) Criminal Code (Cth):

  1. You made a false document; and
  2. with the intention to dishonestly cause a computer to respond to it as being genuine; and
  3. The computer responded to it as being genuine; and
  4. You had the intention to dishonestly obtain a gain, cause a loss, or influence the exercise of a public function; and
  5. The false document is a false commonwealth document

   

  If the elements of the offence are not satisfied, you can be found ‘not guilty’.

  Secondly, you can argue that one of the defences to this charge apply.

  What are the Defences to Forgery?

  You can be found ‘not guilty’ if one of the following defences to forgery apply:

  1. Honest and reasonable mistake: you held a genuine and reasonable belief that the document was genuine
  2. Identification: the prosecution cannot prove, beyond reasonable doubt, that you were responsible for the offence.
  3. Duress: You were forced to commit forgery
  4. Necessity: Your actions were necessary in the circumstances

   

  To speak to one of Australia’s best criminal lawyers for forgery charges, contact us now.

• PLEADING GUILTY

  If you decide to plead guilty to a forgery offence, you can refer to our guide to prepare for your Fraud sentencing proceedings. Of course, this is only a general guide.

  For advice specific to your case and representation in Court, you can contact us now to speak to Australia’s best forgery lawyers.

   

  What is the Penalty for Forgery?

  The maximum penalty for Forgery is 10 years imprisonment. If you are found guilty, there is a strong possibility that you will be sentenced to a term of imprisonment. As such, it is vital that you receive the advice of senior forgery lawyers.

   

  What Are the Possible Sentences for Forgery?

  See below for a list of possible sentencing options for forgery charges:

  1. Section 19B non conviction
  2. Fine
  3. Section 20 Conditional Release (with conviction)
  4. Community Correction Order
  5. Recognizance Release Order (suspended sentence)
  6. Intensive Corrections Order
  7. Full Time Imprisonment

  Will You Go to Jail for Forgery?

  Analysing statistics for forgery charges from 2018 onwards, 50% of persons found guilty of this offence received a full-time jail sentence of some kind. The remaining 50% received criminal convictions.

  It is difficult to avoid a conviction for this offence. As such, you should speak to the best forgery lawyers for the best chance of keeping your criminal record clean.

FAQ

Can forgery charges be dropped?

Yes. Our specialist forgery lawyers have significant experience in writing representations to Police and the Director of Public Prosecutions to have forgery charges withdrawn early in the proceedings.

What is the penalty for forging a signature?

The maximum penalty for Forgery is 10 years imprisonment.