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Elmer's Forgery Factoid

Posted by Elmer H.. Young | Jun 07, 2019 | 0 Comments

Is this a forgery or not? That question gets asked and sometimes needs an expert to answer. No we're not talking about art right now, while some really good artists create forgeries. Here  we're talking about placing signatures on documents, not so much on whether the signature is authentic. Example: take out a sheet of paper and sign the name Elmer H. Young on every line. No forgery happens there.( Although a good way to get potential clients to remember my name!) What's missing in the example is the element of intention to defraud Elmer. Without that intent it's just so much practice in penmanship, right? Or should that be penpersonship??

By the Book:

First Degree: Georgia Code Title 16, Section 16-9-1

(a) A person commits the offense of forgery in the first degree when with intent to defraud he knowingly makes, alters, or possesses any writing in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing. (b) A person convicted of the offense of forgery in the first degree shall be punished by imprisonment for not less than one nor more than ten years.

Second Degree: Georgia Code Title 16, Section 16-9-2 (a) A person commits the offense of forgery in the second degree when with the intent to defraud he knowingly makes, alters, or possesses any writing in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.

(b) A person convicted of the offense of forgery in the second degree shall be punished by imprisonment for not less than one nor more than five years.

Title 16, Section 16-9-3 For purposes of Code Sections 16-9-1 and 16-9-2, the word ‘writing' includes, but is not limited to, printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege, or identification.

About the Author

Elmer H.. Young

Elmer H. Young has been practicing for more than 45 years and employs his advanced level forensic training in high-level sex crimes and capital felony cases.

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Honors & Recognition

Mr. Young's success in obtaining non-DUI dispositions in his DUI/DWI cases has earned him the respect of his peers and clients alike. He has earned a LegalMatch Five-Star rating and a coveted 10 Avvo Rating. His high ratings reflect his ability to help his clients.

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