Q: Is having a fake check considered 1st degree forgery?
The Georgia Code section that describes the elements and penalties for forgery is 16-9-1. You can view the Georgia Code online at http://www.lexisnexis.com/hottopics/gacode/. However, please be aware that the law was recently changed by HB 1176 with an effective date of July 1, 2012. The new law allows for a charge of forgery in the third or fourth degree for fraudulent checks (depending on the amount of the check). Offenses committed before the changes went into effect are treated by the old version of the law (in effect at the time of the offense).
You can get more information about HB 1176 on a blog posting on my website at http://hernanfirm.com/governor-neal-signs-major-criminal-justice-reform-.... There is a link to the new law in the blog posting. Check out Section 3-5 of the bill. It will show the modifications to the law and you can see how it was prior to July 1, 2012.
I would recommend speaking with a criminal defense attorney to discuss your case in more specific detail.
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