Q: can 3rd degree forgery charges be lowered or drop if the person unknownly cashed a check that they didnt know was fake
someone ask if I would cash what i thought was a income tax refund check into my account that was in there number, but months later for bank returned the check. and now being charged
A:
A person commits the offense of forgery in the third degree when with the intent to defraud he or she knowingly:
(1) Makes, alters, possesses, utters, or delivers any check written in the amount of $1,500.00 or more in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority;
Ga. Code Ann. § 16-9-1 (West)
Facts must establish intent to defraud beyond a reasonable doubt, as would support defendant's conviction for forgery.
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