Is Forgery a Felony? Counterfeiting, Uttering, and Penalties by State (2026)

Yes, forgery is a felony in most circumstances in most states. However, whether a specific forgery is charged as a felony or a misdemeanor depends on three factors: the dollar amount involved, the type of document forged, and the state where the offense occurs. Roughly half of the states make all forgery a felony regardless of the amount (Arizona, Florida, Idaho, Michigan, Mississippi, Nevada, North Carolina, Washington, Wisconsin, and others). The remaining states grade forgery by dollar amount, using the same thresholds they use for theft. In those states, a low-value forgery is a misdemeanor and a higher-value forgery is a felony. The threshold ranges from $500 in New Mexico to $2,500 in Tennessee. But even in dollar-threshold states, forgery of certain instruments is a felony regardless of the amount. Government documents (currency, bonds, stamps, public records, IDs), wills, deeds, contracts, checks, credit cards, and prescriptions are almost universally treated as felony forgery at any dollar value. Counterfeiting money is always a felony under both federal and state law. Federal forgery (18 USC 470 through 513) is always a felony. If you are charged with forgery, the charge will almost certainly be a felony unless the forged document was a low-value private instrument in a state that grades by amount. Talk to a criminal defense lawyer in your state to understand the specific charge you face.

Forgery is the crime of making, altering, or uttering (passing) a false written instrument with intent to defraud. The elements are: (1) a written instrument, (2) that is false or forged, (3) the defendant made, altered, or uttered it, (4) with intent to defraud. The written instrument does not need to have monetary value; it can be any document that creates, transfers, or affects a legal right. Common examples include checks, wills, deeds, contracts, bonds, public records, prescriptions, IDs, and financial instruments. Making a forgery means creating a false document from scratch or materially altering an existing one. Altering a forgery means changing a genuine document in a way that changes its legal effect (such as changing the dollar amount on a check). Uttering a forgery means presenting or passing a forged document as genuine to another person. The person who utters a forgery does not need to have created it; they only need to know it is forged and intend to defraud. Possession of a forged instrument with intent to defraud is also a crime in most states, graded the same as forgery itself. The intent to defraud is the key mental element. The defendant must have intended to deceive another person to deprive them of money, property, or a legal right. Actual loss is not required; the crime is complete when the forged instrument is made or uttered with intent to defraud, even if no one is actually deceived.

Forgery, counterfeiting, and fraud are related but distinct crimes. Forgery specifically involves false written instruments (documents, checks, contracts, wills, deeds). Counterfeiting is a subset of forgery that specifically involves false currency or money. While forgery covers checks, deeds, and private documents, counterfeiting covers coins and paper currency. Counterfeiting is always a felony under federal law (18 USC 471, up to 20 years) and under state counterfeiting statutes. Fraud is a broader category that includes any deception for financial gain. Forgery is a specific type of fraud that involves a false document. Other types of fraud include check fraud (using a genuine check in a fraudulent way), credit card fraud, wire fraud, mail fraud, and identity theft. The distinction matters for grading. Forgery is graded by dollar amount and instrument type. Counterfeiting is always a felony at any amount. Fraud in general is graded by dollar amount. Uttering is the act of passing a forged document; it is graded the same as forgery in most states. Some states have a separate statute for uttering (such as Florida Statute 831.02), while others include uttering within the general forgery statute.

The most important thing to understand about forgery grading is that most states use one of two systems (or a combination). System 1: Dollar amount grading. The forgery is graded the same as theft in that state. Below the felony theft threshold, it is a misdemeanor; above it, it is a felony. The threshold varies: $500 in New Mexico, $750 in Missouri, $1,000 in Virginia and North Dakota, $1,500 in Montana, $2,500 in Tennessee. System 2: Instrument type grading. The type of document determines the grade, regardless of dollar amount. Forgery of government documents, currency, stamps, bonds, wills, deeds, contracts, checks, credit cards, and public records is a felony at any amount. Forgery of other documents may be a misdemeanor. Many states use a combination: instrument type determines the degree, and for instruments not on the felony list, dollar amount determines the grade. For example, New York uses a three-degree system based on instrument type: first degree (money, stamps, securities, government instruments) is a Class C felony; second degree (deeds, wills, contracts, credit cards, prescriptions, public records) is a Class D felony; third degree (any other instrument) is a Class A misdemeanor. Texas uses a similar system: third degree felony for government documents; state jail felony for wills, deeds, checks, and contracts; Class A misdemeanor for any other document. The practical takeaway: if you forged a government check, a will, a deed, a prescription, or a public record, you are almost certainly facing a felony regardless of the dollar amount or the state. If you forged a private document worth less than the state felony theft threshold, you may face a misdemeanor.

Check forgery and prescription forgery deserve special attention because they are the two forms of forgery most commonly charged as felonies regardless of dollar amount. Check forgery involves forging the signature on a check, altering the amount or payee, creating a counterfeit check, or uttering a forged check. In most states, check forgery is a felony at any amount because checks are classified as commercial instruments or financial instruments. For example, in Pennsylvania forgery of a check is a felony of the third degree (up to 7 years) regardless of amount. In Texas, check forgery is a state jail felony (180 days to 2 years) at any amount. In New York, forgery of a check is a Class D felony (up to 7 years) at any amount. Some states have a misdemeanor exception for very small checks: California under Prop 47 makes check forgery of $950 or less a misdemeanor; Virginia makes forgery under $1,000 a Class 1 misdemeanor; New Jersey may reduce small check forgery to a disorderly persons offense. Prescription forgery involves forging a prescription for a controlled substance. This is almost universally a felony at any amount because prescriptions are specifically listed instruments in most state forgery statutes. In New York, forgery of a prescription is a Class D felony (up to 7 years). Many states also have separate prescription fraud statutes that add additional penalties. Federal law (18 USC 510) specifically addresses forging endorsements on Treasury checks, carrying up to 10 years (or 1 year if the face value is $1,000 or less).

Federal law treats all forgery and counterfeiting of federal obligations, securities, and documents as felonies. Title 18 of the United States Code, Chapter 25 (Sections 470 through 513) covers counterfeiting and forgery. The key statutes: 18 USC 471 makes it a felony (up to 20 years) to forge or counterfeit US obligations or securities (currency, bonds, Treasury notes). 18 USC 472 makes it a felony (up to 20 years) to utter or pass counterfeit US obligations. 18 USC 473 makes it a felony (up to 20 years) to deal in counterfeit obligations. 18 USC 485 makes it a felony (up to 5 years) to forge or counterfeit US coins. 18 USC 495 makes it a felony (up to 10 years) to forge contracts, deeds, or powers of attorney to obtain money from the United States. 18 USC 499 makes it a felony (up to 5 years) to forge military or official passes. 18 USC 500 makes it a felony (up to 5 years) to forge money orders. 18 USC 501 makes it a felony (up to 5 years) to forge postage stamps. 18 USC 505 makes it a felony (up to 5 years) to forge seals of courts or signatures of judges. 18 USC 510 makes it a felony (up to 10 years, or 1 year if the face value is $1,000 or less) to forge endorsements on Treasury checks or bonds. 18 USC 513 makes it a felony (up to 10 years) to forge or counterfeit securities of states, political subdivisions, or organizations. There is no misdemeanor tier for most federal forgery offenses. Federal counterfeiting is always investigated by the US Secret Service and prosecuted in federal court.

Beyond prison and fines, a forgery conviction carries serious collateral consequences. Restitution is virtually always ordered. The convicted person must repay the victim for the full amount of the loss caused by the forgery. This can include the face value of the forged instrument, any costs incurred by the victim, and sometimes additional penalties. Restitution cannot be discharged in bankruptcy in most cases. Forgery is a crime of moral turpitude in most jurisdictions. A crime of moral turpitude is one that involves dishonesty, fraud, or deceit. This designation has several consequences: Professional licenses: A forgery conviction can result in revocation or denial of professional licenses including nursing, real estate, law, accounting, teaching, pharmacy, and medical licenses. Most licensing boards have moral turpitude provisions that trigger review or automatic revocation. Immigration: For non-citizens, forgery is both a crime involving moral turpitude (CIMT) and potentially an aggravated felony under immigration law. This can lead to deportation, inadmissibility, and denial of naturalization. Even a misdemeanor forgery conviction can trigger immigration consequences if it involves moral turpitude. Employment: A forgery conviction will appear on background checks and can permanently disqualify a person from employment in banking, finance, government, and positions of trust. Many employers have policies against hiring individuals with forgery or fraud convictions. Gun rights: A felony forgery conviction results in loss of firearm rights under federal law (18 USC 922(g)(1)). Voting rights: A felony forgery conviction may result in loss of voting rights while incarcerated or on supervision, depending on the state. The collateral consequences of forgery often last longer than the criminal sentence and can affect every aspect of a person's life.

If you are charged with forgery, take it seriously. Even a misdemeanor forgery charge can have lasting consequences. Steps to take: Contact a criminal defense attorney immediately. Forgery is a specialized area of criminal law and the grading varies significantly by state and instrument type. An attorney can evaluate the charges, identify defenses, and negotiate with prosecutors. Do not make statements to law enforcement without an attorney present. Anything you say can be used against you. The key element the prosecution must prove is intent to defraud, so statements about your intent are critical. Preserve evidence. If you have evidence that you did not intend to defraud (such as text messages, emails, or witness statements), preserve it. Do not contact the alleged victim. This can result in additional charges for witness tampering or intimidation. Consider defenses: Common defenses to forgery include lack of intent to defraud, mistake of fact, duress, authorization (you had permission to sign), and statute of limitations. The statute of limitations for forgery varies by state but is typically 3 to 7 years for felonies and 1 to 2 years for misdemeanors. If you are a non-citizen, inform your attorney immediately. Immigration consequences of forgery can be severe and an immigration attorney should be consulted in addition to a criminal defense attorney. Explore diversion programs. Some states offer pretrial diversion for first-time offenders, which can result in dismissal of charges upon completion of conditions such as restitution and classes. This is more likely for misdemeanor forgery. Understand the plea options. A common strategy is to negotiate a reduction from felony to misdemeanor, especially in dollar-threshold states where the amount is near the felony line. This can significantly reduce both the criminal penalty and the collateral consequences. This information is for educational purposes only and is not legal advice. Consult a licensed attorney in your jurisdiction for advice about your specific situation.