Uttering a Forged Instrument is one of the most common charges seen in felony courts in Jacksonville, Green Cove, St. Augustine, and Yulee. An "uttering" arrest will typically occur when an individual passes a check for goods or money, and the check does not belong to them. Usually the individual who passes the check is not the one who made it, rather they are promised a portion of the goods/money that is received. The true counterfeiters very rarely attempt to pass the check themselves, and will often prey on the misfortune of others who need money to pass the check for them for a small cut of the proceeds from the check.
Our Jacksonville criminal defense attorneys have represented both individuals in the scenario listed above. From arrests for check writing schemes to uttering arrests for the man/women on the street just trying to get by, our expertise can provide a proper and diligent defense. Although uttering charges are typically third degree felonies, subsequent convictions can expose a defendant to higher sentences and higher felony degrees. Restitution being made to the uttering victim can go a long way to resolving the matter early.
Below are the many uttering related statutes in Florida. If you need help with a Florida Uttering Forged Instrument charge, call the criminal defense attorneys at Arnold Law Firm in Jacksonville at .
FLORIDA'S UTTERING FORGED CHECKS LAW
831.09 Uttering forged bills, checks, drafts, or notes.
Whoever utters or passes or tenders in payment as true, any such false, altered, forged, or counterfeit note, or any bank bill, check, draft, or promissory note, payable to the bearer thereof or to the order of any person, issued as aforesaid, knowing the same to be false, altered, forged, or counterfeit, with intent to injure or defraud any person, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 6, ch. 1637, 1868; RS 2487; GS 3368; RGS 5216; CGL 7334; s. 966, ch. 71-136; s. 10, ch. 2001-115.
831.10 Second conviction of uttering forged bills.--Whoever, having been convicted of the offense mentioned in s. 831.09 is again convicted of the like offense committed after the former conviction, and whoever is at the same term of the court convicted upon three distinct charges of such offense, shall be deemed a common utterer of counterfeit bills, and shall be punished as provided in s. 775.084.
History.--s. 7, ch. 1637, 1868; RS 2488; GS 3369; RGS 5217; CGL 7335; s. 967, ch. 71-136; s. 11, ch. 2001-115.