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
| Offense | Statute | Maximum |
|---|---|---|
| Forgery of a record or instrument | MCL 750.248 | 14 years |
| Uttering and publishing a forged record or instrument | MCL 750.249 | 14 years |
| Forgery of a deed, mortgage discharge, or real property document | MCL 750.248b | 14 years |
| Uttering and publishing a forged real property document | MCL 750.249b | 14 years |
| Forging notes or bonds issued by the state or a municipality | MCL 750.250 | 7 years |
| Forging bank bills or promissory notes | MCL 750.251 | 7 years |
| Possessing 10 or more counterfeit notes with intent to pass them | MCL 750.252 | 7 years |
| Passing counterfeit notes | MCL 750.253 | 5 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.
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.
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.
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.
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.
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.