utter forged document lawyer criminal code 368Toronto Utter Forged Document Lawyer

The criminal offence of Uttering a Forged Document is similar to Forgery and can result in a criminal record and jail time.  One of the key elements of the offence is the accused person’s knowledge or belief that the document is a forgery, or a fake.  These charges are typically laid in the course of business transactions (tax returns, real estate deals and job applications).  The offence can be made out with as little as a forged signature (in addition to forgery charges).  There is no substitute to having an experienced criminal lawyer on your side when you are facing serious charges such as these.

What is Uttering a Forged Document?

The Criminal Code of Canada indicates:
 (1) Everyone commits an offence who, knowing or believing that a document is forged,
(a) uses, deals with or acts on it as if it were genuine;
(b) causes or attempts to cause any person to use, deal with or act on it as if it were genuine;
(c) transfers, sells or offers to sell it or makes it available, to any person, knowing that or being reckless as to whether an offence will be committed under paragraph (a) or (b); or
(d) possesses it with intent to commit an offence under any of paragraphs (a) to (c).

The offence criminalizes four different courses of actions that one may take with a forged document.  Disclosure in these types of cases most commonly consists of documentary evidence (paperwork, business records etc).  Subsection 2 of the offence makes it clear that it is irrelevant as to where the document(s) were forged.  The emphasis is on the state of the mind and knowledge of the accused.

What is the Punishment for Utter Forged Document?

Uttering a forged document is a hybrid offence which allows the prosecution to proceed summarily or by indictment.  This decision is generally based on the seriousness of the offence as well the criminal record of the accused.  If the crown elects to proceed by way of summary conviction, the maximum sentence for utter forged document is a $5,000 fine and/or six months in jail.  If the offence is more serious and the crown proceeds by indictment, the maximum sentence is ten years in a penitentiary.

If you have been charged with a crime our law firm is here to fight for you.  Our objective is to always achieve the best result, be it no jail, no conviction, a withdrawal or an acquittal.

Frequently Asked Questions:
How Will a Criminal Record Affect Me?
What Are the Stages of  a Criminal Case?
What Happens if I get Arrested?
What is a Bail Hearing?
What Happens on my First Appearance?
What is Disclosure in a Criminal Case?
What is a Crown Pre-Trial?
What is a Judicial Pre-Trial?
How Does a Criminal Trial Work? 

If you or a loved one have been charged with Utter Forged Document we can help you avoid jail and a criminal record.  Call our office now for a strong defence.

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