How is forgery defended under Georgia criminal defense law?
Forgery in Georgia is governed by O.C.G.A. 16-9-1, which sets out the offense in degrees, and a successful defense usually has to dismantle one of the two mental elements the statute builds on: knowledge that the writing was false, and an intent to defraud. Because forgery requires both knowledge and an intent to defraud, the defense often focuses on whether those mental states were present.
The elements define what must be proven. Forgery in the first degree generally involves knowingly making, altering, or possessing a writing in a fictitious name or so that it purports to be the act of another, combined with delivering or uttering it and an intent to defraud. Each of these elements, including the intent, must be established.
Intent to defraud sits at the center. A person who lacked any intent to defraud, or who signed under a genuine belief that they were authorized to do so, goes to the heart of this element. The presence or absence of a purpose to deceive for unlawful gain frequently decides a forgery case.
Knowledge and authorization can also be relevant. Whether a person knew a writing was false, and whether they had authority to sign or act on behalf of another, bear on the analysis. Conduct undertaken with a reasonable belief of authority is distinct from knowing forgery.
A forgery defense lives or dies on the mental element. Since the offense punishes a deliberate deceptive purpose, the contest usually narrows to three things: whether the person knew the writing was false, whether they meant to defraud, and whether they reasonably believed they had authority to act.