Forgery Defense Lawyer in Wisconsin
Charged with Forgery under Wis. Stat. § 943.38? Allegations involving checks, documents, or financial paperwork can carry serious felony consequences. Early legal guidance is critical to protecting your record and your future. Call today for a free consultation.
What the Law Says About Forgery in Wisconsin
Under Wis. Stat. § 943.38, forgery occurs when a person, with intent to defraud, falsely makes, alters, or uses (utters) a writing or object so that it falsely appears to have been made by another person, made at a different time, to contain different terms, or to have been authorized by someone who did not actually authorize it. The statute applies to writings that create, transfer, or affect legal rights or obligations, such as checks, financial documents, and business records.
Wisconsin law recognizes two primary felony forms of forgery: forgery by making or altering a writing under § 943.38(1), and uttering a forged writing under § 943.38(2), which involves presenting a forged document as genuine. Related conduct involving certain identification documents, labels, membership cards, transportation rights, or objects falsely representing value may be charged as misdemeanors under § 943.38(3). In all cases, intent to defraud and knowledge of falsity are central and frequently contested issues.
Chirafisi Anderson, S.C. represents individuals charged with fraud and forgery offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties. We regularly defend property crime cases involving checks, financial instruments, identification documents, and disputed business paperwork, focusing on early legal analysis aimed at challenging intent, authenticity, and whether the writing actually qualifies as a forgery under Wisconsin law.
Elements of Forgery in Wisconsin
Forgery charges in Wisconsin depend on how the State alleges the forged document was created or used. The elements differ slightly depending on whether the charge involves making or altering a writing or uttering a forged writing.
Forgery by Making or Altering a Writing (Wis. Stat. § 943.38(1))
To convict a person of forgery by making or altering a writing, the State must prove each element beyond a reasonable doubt, as set forth in Wisconsin Jury Instruction – Criminal 1491:
- A qualifying writing or object – The document was a writing by which legal rights or obligations are created, terminated, or transferred (e.g., a check).
- False making or altering – The defendant falsely made or altered the writing so it appeared to be made by another person, at another time, with different terms, or by authority not actually given.
- Intent to defraud – The defendant acted with the purpose to deceive or obtain something of value through misrepresentation.
Uttering a Forged Writing (Wis. Stat. § 943.38(2))
To convict a person of uttering a forged writing, the State must prove each element beyond a reasonable doubt, as set forth in Wisconsin Jury Instruction – Criminal 1492:
- A qualifying writing – The document was a writing that creates or transfers legal rights or obligations (e.g., a check).
- The writing was forged – It was falsely made or altered in the manner described above.
- Uttering as genuine – The defendant presented or attempted to use the writing as authentic.
- Knowledge – The defendant knew the writing was falsely made or altered at the time it was used.
REQUEST A FREE AND CONFIDENTIAL CONSULTATION
Penalties and Sentencing for Forgery in Wisconsin
Forgery offenses under Wis. Stat. § 943.38 are treated seriously in Wisconsin and are typically charged as felonies, depending on the type of writing involved and how the alleged conduct occurred.
Forgery Penalty Classifications
|
Conduct |
Statute |
Classification |
Maximum Penalty |
|---|---|---|---|
|
Forgery by making or altering a writing |
§ 943.38(1) |
Class H Felony |
Up to 6 years imprisonment & $10,000 fine |
|
Uttering a forged writing |
§ 943.38(2) |
Class H Felony |
Up to 6 years imprisonment & $10,000 fine |
|
Forgery involving objects of false antiquity, ID documents, labels, membership cards, transportation rights, or real estate title abstracts |
§ 943.38(3) |
Class A Misdemeanor |
Up to 9 months jail & $10,000 fine |
Sentencing Considerations
In addition to incarceration and fines, courts may order restitution, particularly in cases involving checks, banking instruments, or financial transactions. Restitution amounts can significantly increase the financial consequences of a forgery conviction.
Judges also consider factors such as the nature of the alleged forgery, the defendant’s criminal history, the scope of any financial loss, and whether the conduct involved repeated transactions or a single disputed document. Early legal intervention can be critical to limiting both criminal exposure and restitution obligations.
Common Forgery Scenarios in Wisconsin
Forgery charges in Wisconsin often arise from financial disputes, document handling, or administrative issues, rather than elaborate fraud schemes. Common scenarios include:
- Check alterations, false endorsements, or depositing altered checks
- Signing another person’s name on financial documents
- Using a document with incorrect information to obtain money or credit
- Altering IDs, membership cards, or transportation documents
- Using checks or financial instruments that were presented as legitimate but later disputed
- Disputes involving business records, receipts, or commercial paperwork
- Possession of a forged writing with intent to use it
- Third-party involvement, where another person prepared or altered the document and responsibility is disputed
Many forgery allegations stem from miscommunication, financial pressure, shared access, or misunderstandings, and the surrounding context often determines whether the conduct meets the legal definition of forgery under Wisconsin law.
Defenses and Legal Strategies in Forgery Cases
Forgery cases often turn on intent, knowledge, and whether the writing actually qualifies as a forged instrument under Wisconsin law. Because the State must prove both that the document was falsely made or altered and that the defendant acted with intent to defraud, effective defenses focus on weaknesses in proof rather than assumptions about wrongdoing.
Common defense strategies include:
These cases are frequently negotiable, especially when restitution is arranged early or when intent is genuinely disputed.
Why Hiring a Forgery Defense Lawyer Matters
Forgery charges under Wis. Stat. § 943.38 carry serious consequences, including felony exposure, restitution, and long-term damage to employment and professional reputation. These cases often turn on technical legal questions—whether a document was actually forged, whether the defendant knew it was false, and whether the State can prove intent to defraud beyond a reasonable doubt. Small factual distinctions can determine whether conduct is criminal or merely a civil or administrative dispute. Early legal analysis is critical to challenging assumptions, limiting exposure, and preventing unnecessary felony outcomes.
At Chirafisi Anderson, S.C., our attorneys provide focused criminal defense representation in forgery and uttering cases, including:
View some of the Criminal Case Results from the our Attorneys
Contact Chirafisi Anderson, S.C.
If you are under investigation or charged with Forgery or Uttering, early legal representation is essential. A prompt and strategic response can prevent additional charges, protect your record, and significantly strengthen your defense. Contact Chirafisi Anderson, S.C. for a free consultation with an experienced defense attorney.