Category: Criminal Offenses · Statute: F.S. 831.01 · Source: Florida Legislature
Understanding Forgery in Florida
In Florida, forgery is a serious white-collar offense governed by Section 831.01 of the Florida Statutes. To secure a conviction, prosecutors must prove that a person falsely made, altered, forged, or counterfeited a specific legal document with the intent to injure or defraud another party. This charge goes beyond merely signing someone else's name; it encompasses the material alteration of legally binding instruments, such as wills, deeds, public records, promissory notes, checks, or court documents, in a manner that changes their legal efficacy.
The crime of forgery is distinct from the related offense of "uttering a forged instrument" under Section 831.02, which involves knowingly presenting or passing the forged document as genuine. In Florida, forgery is classified as a third-degree felony, carrying penalties of up to five years in prison, five years of probation, and a $5,000 fine. Because the offense requires a specific intent to defraud, a defendant who alters a document under a genuine, mistaken belief that they had the authority to do so lacks the necessary criminal intent required for conviction.
Bail and Pretrial Release for Forgery Charges
Under Florida's standard bond schedules, a third-degree felony forgery charge typically carries a pre-set monetary bail amount, allowing defendants to secure their release relatively quickly through a licensed bail bondsman. However, because forgery often involves financial institutions, identity theft, or public records, judges may impose specific pretrial release conditions. These conditions frequently include "no-contact" orders prohibiting communication with the victims or co-defendants, restrictions on accessing certain financial accounts, or a ban on engaging in fiduciary transactions while the criminal case is pending.
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