Quick answer: Under Virginia Code § 18.2-172, forging a writing — or “uttering” it, meaning passing it off as genuine while knowing it’s forged — is a Class 5 felony, punishable by up to 10 years in prison. It’s the statute that covers forged and altered checks, money orders, loan documents, time sheets, medical forms, and most other private writings. Forging and uttering are two separate crimes, so one check can mean two felony counts, often alongside a larceny or false pretenses charge. But the Commonwealth has real hurdles: it must prove the signature was unauthorized, that you knew the writing was forged, and that it could have harmed someone’s rights. I’m Sheryl Shane, and I’ve defended fraud and forgery cases in Northern Virginia for more than 31 years. Call (703) 582-8119.
What the Statute Covers
Section 18.2-172 applies to any writing other than public records and documents (covered by § 18.2-168) and coins and bank notes (covered by § 18.2-170). In practice, that makes it Virginia’s main forgery statute for private documents. Virginia’s Attorney General has confirmed that forging a blank personal check, or passing a forged check, falls under this section.
It creates three ways to commit the offense, each a Class 5 felony:
- Forging a writing, to the prejudice of another’s right
- Uttering, or attempting to use as genuine, a writing you know is forged
- Obtaining someone’s signature by a false pretense or token, with intent to defraud — which the statute treats as forgery
A Class 5 felony carries one to 10 years in prison, or, at the court’s discretion, up to 12 months in jail and a fine of up to $2,500.
What “Forgery” Means
The Supreme Court of Virginia defines forgery as the false making or material alteration of a writing, with intent to defraud, where the writing — if genuine — would appear to have legal effect or create legal liability. The Commonwealth must also prove it was done without authority.
Material alteration counts. Changing the amount on genuine checks was forgery because it induced tellers to pay the larger amounts.
Names matter, but so does purpose. A person may use any name for an honest purpose. Signing an assumed or fictitious name for a dishonest purpose, with intent to defraud, is forgery. Signing a friend’s name on a hospital discharge form to avoid arrest was forgery, because the form could have made the friend financially liable.
It has to be the kind of writing that could matter. A writing that’s invalid on its face isn’t the subject of forgery. Old cases held a letter of introduction didn’t qualify. Where a former airline employee exploited a loophole in a reservation system to get flight vouchers, the uttering convictions were reversed because the vouchers weren’t forgeries at all.
The Defenses That Matter Most
Authority
This is often the heart of the case — especially when the person whose name was signed is a spouse, relative, business partner, or employer.
- Authority is presumed. When someone signs another person’s name to a check, the law presumes, absent other evidence, that they had authority. The Commonwealth must prove the signing was unauthorized.
- The proof has to be there. The Supreme Court of Virginia reversed a forgery conviction where the person whose name was signed wouldn’t testify that the defendant lacked authority.
Possibility of prejudice
The Commonwealth doesn’t have to prove anyone was actually harmed — only that the writing could operate to the prejudice of another’s rights. But if there was no possibility of harm, there’s no forgery. The Supreme Court of Virginia reversed a physician’s conviction for altering the date on a cardiac stress test report, because the surgery was already done and the insurer’s liability already existed when he changed it.
Knowledge — for uttering
Uttering requires proof that you knew the writing was forged when you presented it.
- Possession creates an inference, not a conclusion. Possessing a forged check that you present as the payee is prima facie evidence that you forged it or knew it was forged. But it can be rebutted by a believable explanation of how you came to have it. It was reversible error to tell a jury that possession created a presumption that became conclusive unless the defendant explained it.
- Uttering doesn’t require personally forging. Presenting a writing you know is forged is enough, and it doesn’t matter if someone else actually cashes it.
Linking the defendant to the specific document
Convictions have been reversed where the evidence didn’t connect the defendant to the particular checks the charges were based on.
Forging and Uttering Are Separate Crimes
Forging a writing and uttering it are distinct offenses. They can be charged as separate counts and punished separately. They’re also separate from larceny of the money obtained — a person can be convicted of forgery, uttering, and grand larceny from a single check, or of uttering without larceny if no money was actually received. That stacking is one of the main reasons these cases need careful attention to the charging documents.
Where These Charges Come From
In Northern Virginia, § 18.2-172 charges usually arise from:
- Checks — a stolen checkbook, an employer’s pre-signed check, or a spouse’s check. A wife who endorsed her husband’s check and deposited it into her own account without permission was convicted of grand larceny and uttering.
- Money orders — filling in blank payee lines and depositing them.
- Workplace documents — falsified time sheets, and a forged medical clearance form used to get light-duty work.
- Records — false entries in a nursing home patient’s chart, where the patient, the facility, and Medicaid could all be prejudiced.
- Loan documents signed in someone else’s name without permission.
Evidence and Procedure
- Other incidents. Evidence of similar transactions close in time can be admitted to show a scheme, knowledge, or intent. But a conviction was reversed where the prosecutor argued that other check offenses made the charged ones “more punishable.”
- Handwriting. Juries may compare genuine handwriting samples with the disputed document, with or without an expert. A defendant charged with uttering isn’t automatically entitled to a handwriting expert, because the Commonwealth doesn’t have to prove who physically forged the document.
- Venue. The Commonwealth must prove where the offense happened; convictions have been reversed for lack of that proof.
- Family victims. When the alleged victim is a family member, the case belongs in the Juvenile and Domestic Relations District Court at the probable-cause stage. A forgery conviction was vacated where a case involving the defendant’s brother skipped that court.
The Consequences
Forgery and uttering are felonies built on dishonesty, which weighs heavily with employers, licensing boards, and security-clearance reviewers — often more than the sentence itself. Restitution is common. For anyone who is not a U.S. citizen, a forgery conviction can carry serious immigration consequences that must be addressed before any plea. Related theft charges are covered on my larceny and theft page, and credit card cases on my credit card fraud page.
Frequently Asked Questions
Is forgery a felony in Virginia?
Yes. Forging or uttering a writing under § 18.2-172 is a Class 5 felony, punishable by up to 10 years in prison.
What’s the difference between forgery and uttering?
Forgery is falsely making or altering the document. Uttering is presenting it as genuine while knowing it’s forged. They’re separate crimes and can be charged and punished separately.
What if I had permission to sign the other person’s name?
Then it isn’t forgery. The law presumes authority when someone signs another’s name, and the Commonwealth must prove the signing was unauthorized.
Can I be convicted of uttering if I didn’t forge the check?
Yes, if you presented it knowing it was forged. But knowledge must be proven, and possession alone creates only an inference that a believable explanation can rebut.
Does anyone have to lose money for it to be forgery?
No. The writing only has to be capable of harming someone’s rights. But if there was no possibility of harm at all, it isn’t forgery.
Can forgery be charged along with larceny?
Yes. Forgery, uttering, and larceny of the proceeds are separate offenses, so a single check can lead to several charges.
Talk to Me About Your Case
If you’ve been charged with forgery or uttering in Fairfax or Northern Virginia, call my office at (703) 582-8119 for a confidential consultation.
