Category: Criminal Offenses · Statute: F.S. 831.01-831.02 · Source: Florida Legislature
Understanding Forgery and Uttering in Florida
In Florida, forgery and uttering are two distinct but closely related offenses prosecuted under Chapter 831 of the Florida Statutes. Under Florida Statute § 831.01, forgery occurs when a person falsely makes, alters, forges, or counterfeits a specific type of document—such as a check, public record, deed, or contract—with the intent to injure or defraud another party. The crime of "uttering," governed by Florida Statute § 831.02, involves knowingly passing, offering, or presenting that forged document as if it were genuine, with the same fraudulent intent. While a person can commit forgery without actually using the document, uttering is the act of putting that forged instrument into circulation.
Because these offenses target different stages of fraud, a defendant can be charged with both forgery and uttering for a single document, such as forging a signature on a check and then attempting to cash it at a bank. In Florida, both offenses are classified as third-degree felonies, each carrying a maximum penalty of five years in prison, five years of probation, and a $5,000 fine. Prosecutors must prove the defendant had a specific intent to defraud; simply possessing a poorly drafted or altered document without the intent to deceive does not meet the statutory threshold for these charges.
Bail and Pretrial Release for Forgery Charges
When an individual is arrested for forgery or uttering in Florida, bail is typically set according to the local county bond schedule for third-degree felonies. However, judges at first appearance often scrutinize the financial nature of these crimes. If the allegations involve high-value financial fraud, identity theft, or a pattern of forging prescriptions, the court may impose specific pretrial release conditions. These conditions can include a prohibition on contacting the victimized financial institutions, restrictions on possessing checking accounts or credit cards, or a requirement to surrender passports if international fraud is suspected.