Arkansas Forgery Laws: Understanding State Statutes & Penalties

Table of Contents#

1. What is Forgery Under Arkansas Law?
2. Types of Forgery Offenses in Arkansas
3. Elements of Forgery: What Prosecutors Must Prove
4. Criminal Penalties for Forgery in Arkansas
5. Common Defenses to Forgery Charges
6. Examples of Forgery Cases in Arkansas
7. Conclusion
8. References

What is Forgery Under Arkansas Law?#

Arkansas defines forgery in Arkansas Code § 5-37-201. At its core, forgery is the act of:

• Making a false writing (e.g., creating a fake check from scratch);
• Altering a genuine writing to change its legal effect (e.g., modifying the amount on a signed check);
• Possessing a forged writing with the intent to use it to defraud; or
• Uttering (i.e., presenting or using) a forged writing as if it were genuine.

The law specifies that the "writing" in question must have legal significance—meaning it affects rights, obligations, or property interests. Examples include contracts, deeds, wills, checks, money orders, driver’s licenses, and government-issued documents.

Types of Forgery Offenses in Arkansas#

Arkansas law categorizes forgery based on the type of document involved, as different documents carry varying levels of legal and financial impact. The most common types include:

1. Forgery of Financial Instruments#

This involves falsifying documents used in financial transactions, such as:

• Checks, drafts, or money orders;
• Promissory notes or loan agreements;
• Credit or debit cards;
• Securities (e.g., stocks, bonds).

Financial instrument forgery is often treated as a more serious offense due to its direct impact on monetary systems.

2. Forgery of Official or Government Documents#

This includes forging documents issued by government entities, such as:

• Driver’s licenses or state IDs;
• Passports or immigration papers;
• Birth or death certificates;
• Property deeds, titles, or land records;
• Court orders or official seals (e.g., notary stamps).

Forging government documents can also violate federal laws (e.g., 18 U.S.C. § 1543 for passport forgery), leading to additional charges.

3. Forgery of Other Legal Documents#

This category covers non-financial, non-government documents with legal significance, such as:

• Wills or trusts;
• Contracts or leases;
• Medical records;
• Academic diplomas or transcripts.

Elements of Forgery: What Prosecutors Must Prove#

To secure a forgery conviction in Arkansas, prosecutors must prove all of the following elements beyond a reasonable doubt:

1. Creation, Alteration, Possession, or Uttering of a False Writing
   The defendant must have either made a fake document, altered a real one, possessed a forged document, or used (uttered) it as genuine.

2. Legal Significance
   The writing must affect legal rights or obligations. For example, a forged grocery list has no legal significance, but a forged check does.

3. Intent to Defraud
   The defendant must have acted with the specific intent to deceive or cheat another person or entity out of money, property, or a legal right. Accidental alterations (e.g., a typo on a check) do not qualify as forgery because there is no intent to defraud.

Criminal Penalties for Forgery in Arkansas#

Arkansas classifies forgery as a felony, with penalties varying based on the type of document and the severity of the offense. The state uses a felony classification system (Class A, B, C, D, etc.), with Class A being the most serious.

1. Forgery of "Negotiable Instruments" (Class B Felony)#

A "negotiable instrument" includes checks, drafts, money orders, or other documents that can be exchanged for cash (Ark. Code § 5-37-202). Forging such instruments is a Class B felony, punishable by:

• 5 to 20 years in state prison;
• A fine of up to $15,000.

2. Forgery of Official/Government Documents (Class C Felony)#

Forging government-issued documents (e.g., driver’s licenses, deeds, or court orders) is a Class C felony, punishable by:

• 3 to 10 years in prison;
• A fine of up to $10,000.

3. Forgery of Other Legal Documents (Class D Felony)#

Forging non-negotiable, non-government documents (e.g., wills, contracts) is a Class D felony, punishable by:

• Up to 6 years in prison;
• A fine of up to $10,000.

Aggravating Factors#

Penalties may increase if:

• The victim is elderly or disabled;
• The forgery involves a large sum of money (e.g., over $25,000);
• The defendant has prior felony convictions.

Common Defenses to Forgery Charges#

If accused of forgery, several defenses may apply, depending on the case details:

1. Lack of Intent to Defraud#

Forgery requires "specific intent" to defraud. If the defendant can prove they acted accidentally (e.g., a miswritten check) or without knowledge the document was fake, this may dismiss the charges.

2. The Writing Had No Legal Significance#

If the document in question does not affect legal rights (e.g., a fake concert ticket), it may not qualify as forgery under Arkansas law.

3. Consent#

If the owner of the document consented to the alteration (e.g., a business partner approved a check amount change), there is no intent to defraud.

4. Duress or Coercion#

If the defendant was forced to forge a document under threat of harm, this may be a valid defense.

Examples of Forgery Cases in Arkansas#

To illustrate how these laws apply, consider the following hypothetical scenarios:

• Scenario 1: John finds a blank checkbook and writes a $2,000 check to himself, forging the account holder’s signature. This is forgery of a negotiable instrument (Class B felony), punishable by 5–20 years in prison.
• Scenario 2: Maria alters her expired driver’s license to extend its expiration date. This is forgery of a government document (Class C felony), punishable by 3–10 years in prison.
• Scenario 3: Tom creates a fake lease agreement to trick a landlord into renting him an apartment. This is forgery of a legal document (Class D felony), punishable by up to 6 years in prison.

Conclusion#

Forgery is a serious crime in Arkansas, with penalties ranging from years in prison to hefty fines. Understanding the state’s laws—including what constitutes forgery, the elements of the offense, and potential defenses—is critical for anyone facing charges or seeking to avoid unintentional violations. If accused, consulting an experienced Arkansas criminal defense attorney is strongly recommended to protect your rights and build a strong defense.

References#

• Arkansas Code § 5-37-201 (Definition of Forgery)
• Arkansas Code § 5-37-202 (Forgery of Negotiable Instruments)
• Arkansas Code § 5-4-401 (Felony Sentencing Guidelines)
• Justia Law: Arkansas Forgery Laws
• Arkansas.gov: Arkansas Criminal Code