Criminal Forgery and Simulation in Tennessee

Criminal simulation is similar to criminal forgery – but not identical. They are different criminal charges. Both crimes involve intentional deception to obtain something of value from another person. Forgery generally involves the unauthorized use of a writing such as a check, deed, or power of attorney. Simulation involves intentionally or knowingly using machines to create unauthorized credit cards and other fraudulent machines to illegally obtain property or services.

The crimes of forgery and simulation both have similar defenses. This article explains the requirements for proving each offense, how the crimes compare and contrast, and what defenses our experienced criminal defense lawyers may assert on your behalf.

What is the crime of forgery in Tennessee?

Tennessee defines forgery as occurring when a person:

Forges a writing with intent to defraud or harm another. Unless the context requires a different interpretation, “Forge” means to:

• . Alter, make, complete, execute or authenticate any writing so that it purports to:
  • Be the act of another who did not authorize that act
  • Have been executed at a time or place or in a numbered sequence other than was in fact the case; or
  • Be a copy of an original when no such original existed
• Make false entries in books or records
• Issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged
• Possess a writing that is forged within the meaning of section A with intent to utter it in a manner specified in section C

“Writing” includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, and other items of value or identification.

The penalties for forgery are based on Texas’s theft law – § 39-14-105, except that the lowest forgery charge is a Class E felony. The penalties are generally based on the value of the illegally obtained items.

Common forgery examples include signing the name of another person to a check, changing the amount on a check, or cashing a forged check. An example of this type of forgery is when someone tries to cash a senior’s Social Security check.

Another common forgery example involves creating false real estate documents to obtain title to property or forging a power of attorney for someone with physical or mental challenges, such as a nursing home resident.

What is the crime of simulation in Tennessee?

Our criminal defense lawyers begin our review of every criminal charge by examining the applicable statutes. Tennessee defines criminal simulation as follows:

• person commits the offense of criminal simulation who, with intent to defraud or harm another
  • Makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source or authorship that it does not have
  • Possesses an object so made or altered, with intent to sell, pass or otherwise utter it; or
  • Authenticates or certifies an object so made or altered as genuine or as different from what it is.
• A person commits the offense of criminal simulation who, with knowledge of its character, possesses
  • Any machinery, plates or other contrivances designed to produce instruments reporting to be credit or debit cards of an issuer who had not consented to the preparation of the cards; or
  • Any instrument, apparatus or contrivance designed, adapted or used for commission of any theft of property or services by fraudulent means.

Like forgery charges, the penalties for criminal simulation in Tennessee are based on the value of the illegally obtained items. Life felony charges, the least serious criminal simulation charge is a Class E felony.

What defenses do you assert when defendants are charged with forgery or simulation in Tennessee?

Both crimes, forgery and simulation, involve either the intent to defraud or harm another or knowingly possessing certain items. It’s not enough for the police to show that you came into possession of any items that didn’t belong to you through forgery or simulation. The prosecution has to show that you intended to commit or knowingly committed those offenses.

In many cases, our criminal defense lawyers will seek, in both forgery and simulation cases, to:

• Suppress any items (checks, records, writings, objects, instruments, or machines) that the police possessed without a warrant or other legal justification.
• Suppress any self-incriminating statements you made without being advised of your Miranda rights or in violation of your request to stay silent and/or speak with your lawyer.
• Show that you had permission, the right, or a good-faith belief that you had the right to use or obtain the items in question.
• Show that the value of the items involved is less than the prosecution claims – which means that the seriousness of the offense should be reduced.
• Show that you’re not the person involved in the offense
• Hold the government to its duty to prove each element of the forgery or simulation offense beyond a reasonable doubt.

What are the penalties for forgery and simulation in Tennessee:

The authorized penalties for felonies in Tennessee, in general, are:

• Class A felony. Up to 15-60 years and up to $50,000 in fines.
• Class B felony. Up to 8-30 years and up to $25,000 in fines.
• Class C felony. Up to 3-15 years and up to $10,000 in fines.
• Class D felony. Up to 2-12 years and up to $5,000 in fines.
• Class E felony. Up to 1-6 years and up to $3,000 in fines.

At the Law Offices of Adrian H. Altshuler & Associates, our criminal defense lawyer has more than 35 years of experience fighting for criminal defense. We’ve helped many defendants obtain dismissals of their charges, acquittals by juries or judges, and plea bargains to less serious charges. Call us or use our online form to schedule a free consultation. We represent defendants charged with crimes in Franklin, Columbia, and Brentwood, Tennessee.