Forgery & Fraud Defense in Illinois

Forgery and fraud charges cover a wide range of conduct — from writing a bad check to complex financial schemes. These offenses are felonies that can result in prison time, restitution obligations, and permanent damage to your reputation. At Stavros Law Offices, we defend clients facing forgery and fraud charges throughout Northern Illinois.

Forgery (720 ILCS 5/17-3)

A person commits forgery when, with intent to defraud, they:

• Make a false document that purports to be genuine
• Alter a genuine document so it appears different
• Issue or deliver a document knowing it was forged
• Possess a document knowing it was forged with intent to use it

Forgery Penalties

Class 3 Felony

• 2–5 years in prison
• Extended term: 5–10 years
• Up to $25,000 fine

Common Forgery Offenses

Check Forgery

• Signing someone else's name on a check
• Altering the amount on a check
• Creating counterfeit checks

Document Forgery

• Forging signatures on contracts or legal documents
• Creating false identification documents
• Altering deeds, titles, or certificates

Prescription Forgery

• Forging a doctor's signature on prescriptions
• Altering prescription amounts or medications

Deceptive Practices (720 ILCS 5/17-1)

Deceptive practices includes various fraud offenses:

Types of Deceptive Practices

• Causing another to provide property/services through deception
• Writing bad checks (insufficient funds or no account)
• Using false statements to obtain credit or purchases
• Obtaining food, lodging, or services without paying

Penalties Based on Value

Financial Institution Fraud (720 ILCS 5/17-10.6)

Fraud targeting banks or financial institutions:

• Making false statements to obtain loans
• Bank fraud schemes
• Embezzlement from financial institutions

Class 2 Felony (3–7 years) to Class 1 Felony for larger amounts.

Wire Fraud / Mail Fraud

When fraud involves use of mail, wire communications, or internet, federal charges may apply:

• Wire Fraud (18 U.S.C. § 1343): Up to 20 years federal prison
• Mail Fraud (18 U.S.C. § 1341): Up to 20 years federal prison

Other Fraud-Related Offenses

Defense Strategies

Lack of Intent to Defraud

Both forgery and fraud require intent to defraud. If you made a mistake, misunderstood your authority, or had no intent to deceive, this is a defense.

Authorization / Good Faith

If you believed you had authority to sign someone's name or use their account — even if mistaken — you may have a good faith defense.

Identity Defense

In check fraud cases, proving who actually wrote or cashed the check is essential. We challenge weak identification evidence.

Value Disputes

The value of property obtained determines whether charges are misdemeanor or felony, and which class of felony. We challenge inflated valuations.

Insufficient Evidence

Fraud cases often rely on circumstantial evidence. We examine whether the State can prove its case beyond a reasonable doubt.

Constitutional Violations

We examine whether search warrants were valid, subpoenas were proper, and your rights were respected during investigation.

Restitution

Fraud convictions almost always require restitution — repayment to victims. This can include:

• Actual losses
• Interest in some cases
• Investigation costs

Restitution is often a condition of probation, and failure to pay can result in probation violation.

Collateral Consequences

• Employment: Fraud convictions are particularly damaging for finance, accounting, legal, and trust-based positions
• Professional licenses: Likely denial or revocation
• Banking: May be reported to ChexSystems, affecting ability to open accounts
• Credit: Conviction affects your own credit and financial access
• Immigration: Crime of moral turpitude affecting status
• Future charges: Prior fraud enhances future penalties

Court Supervision

For first-time offenders facing misdemeanor deceptive practices, court supervision may be available:

• No conviction on your record
• Typically requires restitution
• May require financial counseling
• Eligible for expungement after completion

Frequently Asked Questions

What if I didn't know the check would bounce?

Writing a check without knowing you have insufficient funds may be a defense. However, knowingly writing checks on a closed account or with insufficient funds is a crime.

Can I be charged with forgery for signing my spouse's name?

It depends on authorization. If your spouse authorized you to sign their name, it's not forgery. If not, it could be — even between spouses.

What's the difference between forgery and fraud?

Forgery specifically involves creating or altering documents. Fraud is a broader category of deception to obtain property or services.

Protect Your Future

Forgery and fraud charges carry serious consequences. At Stavros Law Offices, we fight to protect your record and your future.

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