Forgery – NRS 205.090

Overview

Forgery is a serious criminal offense under Nevada Revised Statute (NRS) 205.090. This law addresses the unlawful creation, alteration, or use of documents with the intent to deceive or defraud another party. Understanding the implications of this statute is essential for individuals involved in legal disputes, as well as for legal professionals and businesses that may encounter forgery issues.

Definition of Forgery

Under NRS 205.090, forgery refers to the act of creating, altering, or using a false instrument with the intent to defraud. Key components of the law include:

1. False Instrument: This can include a variety of documents, such as checks, contracts, identification cards, or any written instrument that conveys information or value.
2. Intent to Defraud: The individual must have acted with the intention of deceiving another person or entity for personal gain or to harm another individual.
3. Use of the Forged Instrument: Forgery involves not only creating or altering a document but also using it in a manner intended to deceive.

Legal Requirements for Prosecution

To secure a conviction for forgery under NRS 205.090, the prosecution must prove several elements beyond a reasonable doubt:

1. Existence of a False Instrument: The prosecution must establish that the accused created, altered, or used a document that was false or misleading.
2. Intent to Deceive: It must be shown that the accused intended to deceive another party through the use of the false document.
3. Knowledge of Falsity: The accused must have known that the instrument was false or altered at the time of its creation or use.

Related Offenses

Forgery is related to several other offenses, including:

• Identity Theft – NRS 205.463: Involves using someone else’s personal information without consent, often associated with forgery.
• Fraud – NRS 205.380: A broader category encompassing various fraudulent activities, including forgery.
• Counterfeiting – NRS 205.125: Involves the creation of counterfeit items, including currency, which can also lead to forgery charges.

Examples of Forgery Offenses

To illustrate how NRS 205.090 is applied, consider these examples:

• Example 1: An individual alters a check to increase the amount payable to themselves and then cashes it. This act of changing the document with the intent to defraud constitutes forgery.
• Example 2: A person forges a signature on a loan application to obtain funds unlawfully. This fraudulent act can lead to charges under NRS 205.090.

Penalties for Forgery

The penalties for forgery under NRS 205.090 can be significant:

• Category D Felony: Forgery is typically charged as a Category D felony, which carries:
  • Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
• Enhanced Penalties: If the forgery involved large sums of money or if the individual has prior convictions, the penalties may be increased.

Defenses Against Forgery Charges

If you are facing charges for forgery under NRS 205.090, several defenses may apply:

1. Lack of Intent: Demonstrating that there was no intention to deceive can be a strong defense. If the accused believed the information provided was accurate, this may mitigate liability.
2. Mistake of Fact: If the individual can prove they made an honest mistake regarding the authenticity of the document, this can serve as a valid defense against forgery charges.
3. Insufficient Evidence: If the prosecution cannot provide adequate evidence to prove that the accused knowingly engaged in forgery, the charges may be dismissed.
4. False Accusations: If the charges stem from false allegations or misunderstandings, presenting evidence to support this claim can lead to a favorable outcome.

The Importance of Legal Representation

Navigating the complexities of forgery charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling fraud and forgery cases equips him to provide a robust defense against charges under NRS 205.090.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving forgery.

Understanding Your Rights

If you are accused of forgery, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against forgery charges under NRS 205.090 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.