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Forgery in Michigan (MCL 750.248)

Forgery under MCL 750.248 is a 14-year felony: falsely making or altering a check, will, deed, record or other document with intent to defraud. Grand Rapids attorney Shawn Haff explains. Call 616-438-6719.

Forgery in Michigan is falsely making, altering, forging, or counterfeiting a document with intent to injure or defraud, and under MCL 750.248 it is a felony punishable by up to 14 years in prison. It covers checks, wills, deeds, contracts, public records, and court and notary documents. Using a forged document is a separate 14-year felony, uttering and publishing under MCL 750.249, and the two are usually charged together.

The prosecutor has to prove three things: that the document was falsely made or altered, that it is one of the documents the statute lists, and that you acted with intent to injure or defraud. The third element is where most of these cases are won or lost.

What Counts as Forgery Under MCL 750.248

The statute lists a long series of documents. The ones that come up most often:

  • Public records, and certificates, returns, or attestations of a court clerk, register of deeds, notary public, township clerk, or other public officer.
  • Wills, testaments, and charters.
  • Bonds, promissory notes, bills of exchange (the category checks fall under), and endorsements or assignments of them.
  • Letters (powers) of attorney and insurance policies.
  • Releases, waivers, claims, and receipts for money, goods, or property.

Two additions are worth knowing. Since March 2020, the statute expressly covers altering a record kept on distributed ledger technology, including blockchain. And under subsection (2), it does not apply to a scrivener's error — an honest clerical mistake is not forgery.

Michigan Forgery and Counterfeiting Penalties

OffenseStatuteMaximum
Forgery of a record or instrumentMCL 750.24814 years
Uttering and publishing a forged record or instrumentMCL 750.24914 years
Forgery of a deed, mortgage discharge, or real property documentMCL 750.248b14 years
Uttering and publishing a forged real property documentMCL 750.249b14 years
Forging notes or bonds issued by the state or a municipalityMCL 750.2507 years
Forging bank bills or promissory notesMCL 750.2517 years
Possessing 10 or more counterfeit notes with intent to pass themMCL 750.2527 years
Passing counterfeit notesMCL 750.2535 years or $2,500

Forged credit and debit cards are covered by their own sections, MCL 750.248a and 750.249a — see credit and debit card crimes. Counterfeit U.S. currency can also be charged federally.

Forged Deeds and Real Property

MCL 750.248b and 750.249b, in effect since January 1, 2012, target deed and title fraud: forging or recording a false deed, discharge of mortgage, power of attorney, or other document affecting an interest in real property. On a conviction, the circuit court must enter an order declaring the document invalid, and that order is recorded with the register of deeds. These cases often arise out of estates, family property, and caregiver relationships, where who had authority to sign is genuinely disputed.

Venue: Where You Can Be Charged

MCL 750.248(4) lets the prosecutor file in the county where the forgery was performed, any county where the document was uttered and published, or the county where the rightful property owner lives. A document signed in Kent County and cashed in Ottawa County can be charged in either.

How I Defend Forgery Cases

  • Permission or authority. If the person whose name you signed authorized it, or you honestly believed you had authority, there is no intent to defraud. Texts, emails, past practice, and a power of attorney can all prove it.
  • No intent to injure or defraud. Intent is an element, not an assumption. Mistakes, misunderstandings, and documents that were never meant to be used do not meet it.
  • Scrivener's error. The statute itself excludes honest clerical errors.
  • Not a listed document. MCL 750.248 applies to the documents it names. Whether a particular paper falls within the list is a legal question worth asking.
  • Who actually signed it. Handwriting comparison is opinion evidence, and the prosecution's examiner can be challenged with an independent one.
  • Restitution and charge negotiation. In many cases, repaying the loss early and negotiating the charge down to a misdemeanor or a non-dishonesty offense protects your record and your professional license.

Where These Cases Are Heard

Forgery is a felony, so it starts with an arraignment and preliminary examination in district court — the 61st in Grand Rapids, the 62A in Wyoming, the 62B in Kentwood, the 63rd for the rest of Kent County, the 58th in Ottawa County, the 57th in Allegan County — and goes to circuit court if it is bound over.

Related reading: uttering and publishing, bad checks, embezzlement, identity theft, white collar crimes, and theft and property crimes defense.

Frequently Asked Questions

What is the penalty for forgery in Michigan?

Forgery of a record or instrument under MCL 750.248 is a felony punishable by up to 14 years in prison. Forging a deed, mortgage discharge, or other document affecting real property under MCL 750.248b is also a 14-year felony. Counterfeiting state notes or bank bills under MCL 750.250 and 750.251 carries up to 7 years.Related: What to Expect at Court

What is the difference between forgery and uttering and publishing?

Forgery is making or altering the false document. Uttering and publishing, under MCL 750.249, is presenting it as genuine — cashing the check, recording the deed, handing over the record. Both carry up to 14 years, and when the same person is accused of both, prosecutors usually charge both.Related: When Theft Is a Felony

Is signing someone else’s name always forgery?

No. Forgery requires intent to injure or defraud. Signing a spouse’s or parent’s name with their permission, or in the honest belief that you had authority to sign, is not forgery. Whether you had permission is often the central question, particularly in family and caregiver cases.Related: What to Expect at Court

Where can a forgery case be prosecuted?

Under MCL 750.248(4), venue can be the county where the forgery was performed, any county where the forged document was uttered and published, or the county where the rightful property owner lives. That means a case can be filed in a county you have never been to.Related: When Theft Is a Felony

Can a forgery conviction be expunged in Michigan?

Not automatically. Michigan’s Clean Slate automatic set-aside under MCL 780.621g excludes crimes of dishonesty and offenses punishable by 10 or more years, and forgery is both. You can still apply to have it set aside under MCL 780.621 once the waiting period has passed, and the judge decides.Related: Clearing Your Record

Talk to Me Before You Talk to the Police

I am Shawn Haff, and I defend theft and property crime cases across Kent, Ottawa, Allegan, Barry, Ionia, Muskegon, Newaygo, and Van Buren counties. The call is free, I answer my own phone, and in a property case the earlier I am involved the more room there is to work. Call 616-438-6719 or send me a message.

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