Forgery Charge in Wisconsin
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Understanding the Serious Legal Consequences of Forgery in Wisconsin
A forgery charge in Wisconsin is a serious felony property crime offense that can lead to long-term legal and personal consequences. Classified as a Class H felony, a conviction can result in up to six years in prison and fines of up to $10,000. Beyond legal penalties, a forgery conviction can severely impact your career, financial stability, and reputation, particularly in professions involving financial transactions, legal documentation, or fiduciary responsibilities.
Forgery Attorney in Madison, WI
At DK Anderson, S.C., we understand the high stakes involved in forgery cases. Whether you’re accused of creating, using, or possessing a forged document, our experienced criminal defense attorneys will work tirelessly to challenge the prosecution’s case and protect your future.
What Is Forgery Under Wisconsin Law?
Under Wisconsin Statute § 943.38, forgery occurs when a person falsifies or alters a document in a way that creates, transfers, or modifies legal rights or obligations with the intent to defraud. There are three main types of forgery charges in Wisconsin:
1. Forgery by Creating or Altering a Legal Document
- To convict someone of forgery under this category, the state must prove that:
The document creates or transfers legal rights (e.g., a check, contract, deed, will). - The defendant falsely created or altered the document to appear:
- Made by another person
- Created at a different time
- Containing different terms
- Authorized by someone who did not give such authority
- The defendant intended to defraud someone by making or altering the document.
2. Uttering a Forged Document (Presenting as Genuine)
A person may be charged with uttering a forged writing if they:
- Presented a forged document as authentic (e.g., cashing a fake check, using a fake ID).
- Knew the document was falsely made or altered.
3. Possession of a Forged Writing with Intent to Utter
A defendant can be charged with forgery if they:
- Possessed a forged document (e.g., a falsified check, contract, or government ID).
- Knew it was false or altered.
- Intended to present or use the document fraudulently.
🔹 Definition of “Uttering” – Under Wisconsin law, “uttering” means presenting a document for payment, transfer, or official use.
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The Serious Consequences of a Forgery Conviction
A forgery conviction can carry long-term penalties beyond fines and jail time. These consequences may include:
- Criminal Record Impact – A felony conviction stays on your record permanently, affecting future employment and professional licenses.
- Employment Restrictions – Many careers in banking, finance, real estate, and legal professions prohibit individuals with forgery convictions.
- Loss of Firearm Rights – As a felony offense, forgery can result in the loss of your right to own or possess firearms.
- Immigration Consequences – Non-U.S. citizens convicted of forgery may face deportation or visa denials.
- Financial & Banking Limitations – A forgery conviction can prevent you from opening bank accounts, writing checks, or obtaining loans.
Because of these life-altering consequences, it is crucial to fight a forgery charge aggressively.
Defenses Against Forgery Charges in Wisconsin
At DK Anderson, S.C., we use proven defense strategies to fight forgery allegations, including:
✔ Lack of Intent to Defraud – The prosecution must prove that you intended to commit fraud. If you didn’t realize the document was altered or had no fraudulent intent, we can argue for dismissal.
✔ Mistaken Identity or False Accusations – Many forgery charges stem from misunderstandings or false claims. We can present witness testimony, surveillance footage, and other evidence to prove you were falsely accused.
✔ Insufficient Evidence – If the prosecution cannot prove every element of forgery beyond a reasonable doubt, we can challenge the case and seek dismissal or reduced charges.
✔ Unlawful Search & Seizure – If law enforcement violated your Fourth Amendment rights while obtaining evidence, we can move to suppress illegally obtained evidence, which can weaken or dismiss the case.
✔ Lack of Knowledge of Forgery – If you unknowingly used or possessed a forged document without realizing it was fake, we can challenge the claim that you acted with criminal intent.
How DK Anderson, S.C. Can Help You Fight Forgery Charges
✔ Aggressive Defense Strategies – We will challenge the evidence, expose weaknesses in the prosecution’s case, and fight to protect your future.
✔ Strong Negotiation Tactics – If dismissal isn’t possible, we work to reduce felony forgery charges to lesser offenses or alternative sentencing.
✔ Trial-Ready Representation – If necessary, we are prepared to take your case to trial to seek an acquittal.
Take Action Now – Protect Your Future from a Felony Forgery Conviction
If you or a loved one has been charged with forgery in Wisconsin, don’t wait to build your defense. The sooner you act, the more options you have.
📞 Call (608) 204-5807 for a Free Consultation today.
Frequently Asked Questions - Forgery in Wisconsin
Yes. Under Wisconsin law, you don’t have to create the forgery to be charged. If you present or attempt to use a forged document—even if someone else created it—you can still be charged with uttering a forged writing.
Yes, forgery is a Class H felony under Wisconsin Statute § 943.38, punishable by up to 6 years in prison and a $10,000 fine. However, an experienced defense attorney may be able to reduce charges to a misdemeanor or seek alternative sentencing options.
Yes. Many forgery cases can be challenged based on lack of intent, lack of evidence, or procedural errors. A strong defense can result in dismissal, charge reduction, or a favorable plea agreement.
If you suspect you are under investigation, DO NOT speak with law enforcement before consulting with a criminal defense attorney. Anything you say can be used against you. Contact DK Anderson, S.C. immediately to protect your rights.
A felony forgery conviction can: Remain on your record permanently, limit job opportunities, especially in finance, banking, and legal fields, restrict your ability to obtain loans or open bank accounts, and result in the loss of firearm rights. Because of these severe consequences, it is critical to fight forgery charges with an aggressive legal defense.
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