In Oklahoma, many people are surprised to find themselves facing felony charges for something as seemingly simple as handing a piece of paper to a bank teller. This specific crime is known as Uttering a Forged Instrument, and under Oklahoma law, it is treated with significant severity.
At Tulsa Criminal Lawyers Law Firm, we believe that understanding the nuances of criminal statutes is the first step in building a strong defense. Here is a breakdown of what “uttering” actually means and what the prosecution must prove.
What Does “Uttering” Actually Mean?
In legal terms, “uttering” does not mean speaking. Instead, it refers to the act of offering or presenting a document that you know to be forged or altered with the intent to defraud someone.
While Forgery is the actual act of creating or altering the document (like signing someone else’s name to a check), Uttering is the act of putting that document into circulation. You can be charged with uttering even if you weren’t the person who physically forged the document.
The Elements of the Crime
To secure a conviction for Uttering a Forged Instrument in Oklahoma (specifically under 21 O.S. ยง 1592), the state must prove four specific elements beyond a reasonable doubt:
- The Act of Offering: You offered or “uttered” a forged or altered document (instrument) to another person.
- Knowledge: You knew at the time that the document was forged, altered, or counterfeit.
- Intent to Defraud: You presented the document with the specific intent to cheat or defraud a person, business, or government entity.
- Circulation: You attempted to pass the document as “true” or “genuine.”
Common Examples of Uttering
The most frequent cases we see involving this charge include:
- Forged Checks: Attempting to cash or deposit a check where the signature or the amount has been altered.
- Prescription Fraud: Presenting a forged or altered doctor’s prescription to a pharmacist.
- Title or Deed Fraud: Offering a forged vehicle title or real estate deed to a government agency for filing.
- Counterfeit Currency: Attempting to use “movie money” or counterfeit bills at a retail store.
Penalties and Consequences
In Oklahoma, Uttering a Forged Instrument is generally classified as Forgery in the Second Degree. Because it is a felony, the consequences of a conviction are life-altering:
- Prison Time: A conviction can carry a sentence of up to seven years in the Department of Corrections.
- Fines: Substantial court-ordered fines and mandatory restitution to the victim.
- Permanent Record: As a felony, a conviction can disqualify you from certain jobs, housing opportunities, and the right to possess a firearm.
Potential Defenses
The most critical component of an Uttering charge is intent and knowledge. If you unknowingly received a forged check as payment for a legitimate service and tried to cash it, you may lack the “intent to defraud” necessary for a conviction.
Other defenses may include:
- Lack of Knowledge: You genuinely believed the document was authentic.
- Coercion: You were forced to present the document under duress.
- Mistaken Identity: You were not the individual who presented the instrument.
Why You Need a Defense Attorney In Tulsa
The “intent” element is where these cases are often won or lost. Prosecutors will look at your behavior, statements, and history to try to prove you knew the document was fake. A skilled criminal defense attorney can challenge the evidence and tell the true side of your story. If you or a loved one has been charged with Uttering a Forged Instrument in Oklahoma, would you like me to help you draft a checklist of documents to gather for your initial consultation with a defense lawyer? Get a Free consultation from an attorney at Tulsa Criminal Defense Lawyers Law Firm by calling 918-416-0358. Or if you want to ask a free online legal question, follow this link.