Forgery penalties in Arkansas depend on which degree you’re charged with: first-degree forgery is a Class B felony punishable by five to twenty years in prison and up to $15,000 in fines, while second-degree forgery is a Class C felony carrying three to ten years and up to $10,000. Both are felonies, both can trigger restitution to the victim, and both leave a permanent record with consequences that outlast the sentence itself.1Justia. Arkansas Code 5-37-201 – Forgery2Justia. Arkansas Code 5-4-401 – Sentence3Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
Which Degree Applies to Your Case
Arkansas Code 5-37-201 splits forgery into two degrees based on the type of document involved. First-degree forgery covers money, government-issued securities, postage or revenue stamps, other instruments issued by a government entity, and stocks, bonds, or similar instruments representing an ownership interest or a claim against a corporation.1Justia. Arkansas Code 5-37-201 – Forgery
Second-degree forgery is the broader and more common charge. It applies to deeds, wills, codicils, contracts, assignments, checks, commercial instruments, credit cards, and any other written instrument that affects a legal right, interest, or obligation. It also covers public records, documents filed or required to be filed with a government office, and instruments officially issued by a public office or government agent.1Justia. Arkansas Code 5-37-201 – Forgery Forged personal checks, fake IDs used to open accounts, and altered contracts typically land here.
Every forgery charge, regardless of degree, requires the state to prove you acted with intent to defraud. Without that intent, there is no forgery. Because intent is inferred from circumstances, most contested cases turn on how the document was used and what you stood to gain.
Prison Time and Fines by Degree
Arkansas sets sentencing ranges by felony class:
- First-degree forgery (Class B felony): five to twenty years in prison and a fine of up to $15,000.2Justia. Arkansas Code 5-4-401 – Sentence3Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
- Second-degree forgery (Class C felony): three to ten years in prison and a fine of up to $10,000.2Justia. Arkansas Code 5-4-401 – Sentence3Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
On top of any fine, the court can order restitution covering the victim’s actual monetary losses. Restitution is separate from the fine and is measured by what the victim lost, not by the statutory maximum.
Can You Get Probation Instead of Prison
Yes, in many cases. Forgery is not among the offenses for which Arkansas prohibits suspended sentences or probation, so a judge can suspend the sentence and place you on probation.4Justia. Arkansas Code 5-4-301 – Crimes for Which Suspension or Probation Prohibited Probation is most realistic in second-degree cases involving first-time offenders, lower dollar amounts, or clear mitigating circumstances.
There is a hard limit. If you have two or more prior felony convictions, the court cannot suspend your sentence or grant probation on the current charge.4Justia. Arkansas Code 5-4-301 – Crimes for Which Suspension or Probation Prohibited
How Long the State Has to File Charges
Prosecutors have three years from the date of the offense to bring forgery charges. Arkansas Code 5-1-109 sets a three-year limitation period for both Class B and Class C felonies.5Justia. Arkansas Code 5-1-109 – Statute of Limitations Forgery schemes are often discovered late — a forged deed may not surface until a property sale, and a fake check may not be flagged until an audit — so the clock and the discovery date rarely line up. If the state fails to file within three years, prosecution is time-barred.
Possession of a Forgery Device
You don’t have to complete a forgery to be charged. Under Arkansas Code 5-37-209, it’s a separate Class C felony to make or possess any device, equipment, or article capable of being used to forge a written instrument, if you intend to use it yourself or help someone else commit forgery.6Justia. Arkansas Code 5-37-209 – Criminal Possession of a Forgery Device The sentencing range matches second-degree forgery: three to ten years and up to $10,000 in fines.
Ordinary equipment isn’t itself a crime. The state has to prove you possessed it for the purpose of forgery. Templates for fake checks stored alongside evidence of fraudulent transactions is the kind of combination that makes that purpose easy to argue.
Life After a Forgery Conviction
The statutory sentence isn’t the whole picture. Because both degrees of forgery are felonies, a conviction carries consequences that continue after the sentence is served.
- Firearms. Federal law bars anyone convicted of a felony from possessing firearms or ammunition, and violating that ban is a separate federal offense with significant prison exposure.7United States Sentencing Commission. Section 922(g) Firearms
- Voting. Arkansas suspends your right to vote while you’re serving the sentence, including probation or parole, and restores it automatically once the sentence is fully discharged.
- Employment and licensing. Professional licensing boards in finance, healthcare, education, and law can disqualify applicants with felony records, and a fraud-related conviction is especially damaging for any job involving financial responsibility.
- Immigration. For non-citizens, forgery is widely treated as a crime involving moral turpitude because it requires intent to defraud. A conviction can trigger deportation or make you inadmissible to the United States.
When Forgery Becomes a Federal Case
Some forgery conduct is prosecuted federally rather than, or in addition to, under state law. Counterfeiting U.S. currency is always federal. Forging postage stamps is prosecuted under federal law through the U.S. Postal Inspection Service.8U.S. Postal Inspection Service. U.S. Postal Inspection Service Warns Consumers About Counterfeit Postage Schemes that cross state lines or use the federal mail system can also draw federal charges.
Federal forgery cases follow their own sentencing guidelines and often carry mandatory restitution. Under the Mandatory Restitution Act of 1996, federal courts must order defendants in fraud-related cases to repay actual losses, generally equal to the value of what was obtained through the forgery.9U.S. Department of Justice. The Restitution Process for Victims of Federal Crimes Being charged in both state and federal court for the same conduct is possible under the dual sovereignty doctrine, because state and federal forgery statutes protect different interests.