A forgery charge can create serious problems long before a case is resolved. Employers, licensing boards, banks, schools, and background-check companies may treat a forgery allegation as a crime of dishonesty. Even when the dollar amount is relatively low, Tennessee law makes forgery at least a felony. That means the case can affect a person's record, reputation, job opportunities, professional licensing, immigration status, and ability to pass future background checks.
Kevin Kennedy worked inside the Davidson County District Attorney’s Office for three years before turning to criminal defense. He has handled theft, fraud, and document-related criminal cases from the prosecution side. That experience helps him evaluate what the State must prove, where the evidence may be weak, and what issues may support a dismissal, reduction, diversion, or trial defense. If you are facing a forgery charge in Nashville or Middle Tennessee, call Kevin Kennedy Law Firm to schedule a free, confidential consultation.
What Is Forgery in Tennessee?
Tennessee's forgery statute is Tenn. Code Ann. § 39-14-114. A person commits forgery when the person forges a writing with the intent to defraud or harm another. The key issues are often whether the writing was actually forged, whether the accused knew there was a problem with the writing, and whether the State can prove the required intent to defraud or harm.
Forgery is broader than simply signing another person's name to a check. The statute can apply to creating, altering, completing, executing, authenticating, issuing, transferring, publishing, or possessing a writing in a manner that purports to be the act of another person, done at a different time or place, made in a numbered sequence other than the actual sequence, or made by authority that did not exist. In plain terms, the State may allege forgery when it believes a document was made or used to look genuine when it was not.
Common Types of Forgery Cases
Forgery allegations can arise from checks, money orders, contracts, receipts, employment documents, titles, prescriptions, identification documents, business records, loan documents, bank documents, electronic records, and other writings. Some cases involve an allegation that a person created or altered a document. Others involve an allegation that a person passed, deposited, possessed, or attempted to use a document someone else created.
The distinction matters. A person may be accused of depositing a check, using a card, signing a form, or submitting paperwork without actually knowing that the document was forged. The State still has to prove the required knowledge and intent. A defense investigation should not assume that possession or use of a suspicious document automatically proves forgery.
What Are the Penalties for Forgery?
Forgery is punished like theft under Tenn. Code Ann. § 39-14-105, but Tennessee law provides that forgery can never be less than a Class E felony. The grade often depends on the value or loss amount involved. In general, Tennessee theft-value ranges include Class E felony treatment for lower-value cases, Class D felony treatment for $2,500 or more but less than $10,000, Class C felony treatment for $10,000 or more but less than $60,000, Class B felony treatment for $60,000 or more but less than $250,000, and Class A felony treatment for $250,000 or more.
Felony sentencing ranges can be significant. A Class E felony carries 1 to 6 years, a Class D felony carries 2 to 12 years, a Class C felony carries 3 to 15 years, a Class B felony carries 8 to 30 years, and a Class A felony carries 15 to 60 years. The applicable range may also depend on a person's prior record, the precise charge, and any other sentencing issues. Because forgery is a felony even at the lowest level, avoiding a felony conviction is often one of the most important defense goals.
Common Defenses to Forgery Charges
The best defense depends on the evidence. Forgery cases are often document-heavy and fact-specific. Bank records, surveillance video, handwriting evidence, electronic records, witness statements, phone records, text messages, employment records, and financial documents can all matter.
Lack of Intent to Defraud or Harm
Intent is often the central issue. The State must prove more than a mistake, misunderstanding, bad paperwork, or possession of a questionable document. A person may have believed they had permission to sign a name, use a document, deposit a check, complete a form, or submit paperwork. A person may also have relied on information from someone else. If the State cannot prove intent to defraud or harm beyond a reasonable doubt, the forgery charge may be vulnerable.
Lack of Knowledge
Some people are charged because they were the person who presented, deposited, or possessed the document. That does not necessarily prove they knew the writing was forged. A client may have received a check from someone else, been asked to deposit a document, or submitted paperwork without knowing the underlying document was false. The defense should examine who created the writing, who benefited from it, and what the accused actually knew at the time.
Identity and Proof Problems
Forgery cases may involve surveillance images, bank footage, electronic signatures, IP addresses, handwriting comparisons, or witness identifications. Each piece of proof should be tested. Is the video clear? Can the witness reliably identify the person? Was the account accessed by someone else? Does the handwriting evidence actually prove authorship? Were multiple people involved? A strong defense often focuses on gaps between suspicion and proof beyond a reasonable doubt.
Value, Loss Amount, and Lesser Offenses
The alleged value can affect the felony grade. In some cases, the defense may challenge the amount the State claims was involved. In other cases, the evidence may support a lesser offense or a lower felony classification rather than the charge originally filed. A reduction in the grade of the offense can significantly affect sentencing exposure and negotiation strategy.
How Kevin Kennedy Defends Forgery Cases
Kevin takes a detailed, evidence-focused approach to forgery cases. The defense begins by identifying exactly what the State claims was forged, how the State says it was forged, and what proof allegedly connects the client to the writing. From there, the investigation may include obtaining bank records, surveillance video, transaction records, emails, text messages, employment records, contracts, receipts, and any communications showing permission, mistake, lack of knowledge, or lack of fraudulent intent.
His background as a former prosecutor helps him evaluate the case from both sides. He understands how prosecutors assess proof of intent, value, identity, and credibility. Depending on the facts, the defense may focus on proving the client had permission, showing the client lacked knowledge, challenging identification, disputing the alleged loss amount, seeking suppression of unlawfully obtained evidence, negotiating for a reduction or diversion, or preparing the case for trial.
Forgery allegations should be taken seriously because they involve both felony exposure and reputation damage. If you have been charged with forgery in Nashville, Davidson County, or Middle Tennessee, contact Kevin Kennedy Law Firm for a free, confidential consultation.
Legal references: Tenn. Code Ann. §§ 39-14-114, 39-14-105, and 40-35-111. This page is general information, not legal advice.