Forgery in Alabama: Degrees, Penalties, and Defenses

Forgery in Alabama is a felony at every level. The state sorts it into three degrees based on the type of document involved, with prison sentences running from just over a year up to 20 years and fines reaching $30,000. A separate offense covers possessing or passing a document you know is forged. And unlike most Alabama felonies, forgery has no statute of limitations, so a prosecution can start years after the act.

What Counts as Forgery

Every forgery charge shares two elements. You must have acted with intent to defraud, and you must have falsely made, completed, or altered a written instrument. Making something falsely means creating a document from scratch so it looks like it came from someone else. Completing falsely means filling in blanks on a partially finished document without authority. Altering falsely means changing an existing document through erasure, addition, or other tampering so it no longer reflects what the original author wrote.1Alabama Judicial System. Alabama Code 13A-9-1 – Definitions

“Written instrument” is a broad category under Alabama law. It covers paper documents but also tokens, stamps, seals, badges, trademarks, and any other evidence of value, right, privilege, or identification that could be used to someone’s advantage or disadvantage.1Alabama Judicial System. Alabama Code 13A-9-1 – Definitions

The Three Degrees of Forgery

What separates the degrees is the type of document targeted. The more sensitive the document, the higher the charge.

First degree covers government-issued financial instruments and corporate securities. You face this charge if you forge something that is, or claims to be, part of a series of stamps, securities, or other valuable instruments issued by a government or government agency, or if you forge stocks, bonds, or similar instruments representing interests in a business or its property. First-degree forgery is a Class B felony, the most serious forgery classification in Alabama.2Alabama Legislature. Alabama Code 13A-9-2 – Forgery in the First Degree

Second degree targets legal documents and public records: deeds, wills, codicils, or contracts that affect legal rights or obligations; any document filed or required to be filed with a public office or public employee; and written instruments officially issued or created by a public office, public employee, or government agency. Second-degree forgery is a Class C felony.3Alabama Legislature. Alabama Code 13A-9-3 – Forgery in the Second Degree

Third degree is the catch-all for commercial documents. It covers checks, drafts, notes, assignments, and other commercial instruments that affect legal rights or obligations. A forged personal check, an altered money order, or a fabricated promissory note typically falls here. Third-degree forgery is a Class D felony, and even at the lowest degree it is still a felony conviction.4Alabama Legislature. Alabama Code 13A-9-3.1 – Forgery in the Third Degree

Possessing or Passing a Forged Document

You do not have to be the one who created the document. Alabama separately criminalizes possessing or passing (“uttering”) a forged instrument when you know it is forged and intend to defraud someone. The three possession degrees mirror the forgery degrees:

Two mental elements matter here. Prosecutors must show you knew the document was forged and that you intended to use it to defraud someone. Holding a forged document without knowing it is fake is not enough for a conviction.

Prison Time and Fines

Sentencing tracks the felony class. All forgery-related prison sentences in Alabama include hard labor.

Those fine caps have an exception. A court can impose a fine up to double the financial gain the defendant received or double the loss the victim suffered, whichever applies, even if the result exceeds the normal maximum for the felony class.9Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies

No Statute of Limitations

Most Alabama felonies carry a five-year statute of limitations. Felony forgery does not. Alabama law imposes no time limit on prosecuting felony forgery or counterfeiting offenses, so a person who forged a deed ten or twenty years ago can still be charged today. Forgery is one of the few property-related offenses in Alabama that prosecutors can pursue indefinitely.

Restitution and Life After a Conviction

Alabama courts can order a convicted defendant to pay restitution to the victim. Under Title 15, Chapter 18, Article 4A of the Alabama Code, the court holds a hearing to set the amount, and restitution can be attached as a condition of a suspended sentence, probation, or parole. Defaulting on payments can lead to revocation of those arrangements.10Justia Law. Alabama Code Title 15, Chapter 18, Article 4A – Restitution to Victims of Crimes

The criminal record itself carries lasting weight. Because every forgery offense in Alabama is a felony, a conviction produces a permanent record that appears on background checks. That can close off jobs involving financial responsibility or positions of trust, including banking, accounting, and government work. Professional licensing boards often deny or revoke licenses based on felony convictions involving dishonesty.

For non-citizens, the immigration consequences are serious. Federal immigration law treats offenses involving intent to defraud as crimes involving moral turpitude, which can trigger deportation proceedings or bar a person from obtaining lawful immigration status.

Defenses to a Forgery Charge

Every forgery charge requires the prosecution to prove intent to defraud, and that is often where cases turn. If you did not intend to deceive anyone, the charge fails. Someone who signs another person’s name believing they have permission to do so lacks the fraudulent intent the statute requires. It is the most common defense, and prosecutors sometimes struggle to prove intent when the circumstances are ambiguous.

A related defense is mistake of fact. If you genuinely believed you had authority to act on someone’s behalf, or you did not realize the document was forged, that belief can negate the intent element. The mistake has to be honest and reasonable, not something an ordinary person would have caught with minimal effort.

For possession charges, the knowledge requirement opens another angle. Prosecutors must prove you knew the document was forged. If someone hands you a counterfeit check and you deposit it believing it is real, that lack of knowledge is a valid defense to criminal possession of a forged instrument.

Defense attorneys also challenge the evidence. If law enforcement obtained documents through an improper search, or the chain of custody was broken so the authenticity of the physical evidence is in question, a court may exclude that evidence. Without the forged document in evidence, the prosecution’s case often collapses. Procedural errors during the investigation or arrest can lead to suppression of key evidence or dismissal of charges.