Under Georgia law, a person commits the offense of forgery when, with the intent to defraud, he or she knowingly makes, alters, or possesses any writing in a fictitious name or fictitious information. Forgery is prosecuted as either a first or second degree felony. To convict a person of first degree forgery, there must be (1) proof of an intent to defraud, (2) knowledge of the forgery and (3) an utterance or delivery of the writing. Utterance includes the declaration, by words or actions, that said writing is good. Forgery in the first degree does not require actual financial harm, only intent to defraud. Second degree forgery is similar to first degree forgery but does not require proof of an utterance or delivery of the writing. Thus mere possession of a forged writing is sufficient basis for a conviction for second degree forgery. It is important to note that under Georgia law, "writings" include any form of printing, recording, money, stamps, seals, credit cards, and any other forms of identification or value. Forgery is a serious offense that can result in a long imprisonment term and deserves the attention of competent legal counsel. As with any criminal charge, it is important to discuss your charge with an attorney who can explain your rights and potential defenses. To schedule a consultation with a criminal defense attorney about forgery or other charges, call 770-461-2025.