Facing Forgery Allegations Under Minn. Stat. § 609.63? A Minnesota Defense Lawyer Explains Your Options.
It might have started as a simple mistake, a moment of poor judgment, or an act of desperation. Perhaps you changed a date on a document, used a fake ID to get into a bar, or signed a name that wasn’t yours, not fully grasping the gravity of the situation. You didn’t plan to end up here, but now you are facing a felony forgery charge in Minnesota. Suddenly, the state is not just questioning your actions; it is attacking your character, accusing you of having the intent to injure or defraud someone. The weight of that accusation is immense, and the thought of facing prosecutors, judges, and a potential prison sentence is terrifying.
You may feel like the entire system is designed to presume your guilt. The accusation itself feels like a conviction, and you’re worried that no one will listen to your side of the story. Was it a complete misunderstanding? Were you trying to fix a problem, not create one? Were you simply in the wrong place at the wrong time? These are the questions that keep you up at night.
You do not have to carry this burden alone. I am a Minnesota criminal defense attorney who has dedicated my practice to defending people just like you. I have fought for clients in courtrooms across the entire state, from Minneapolis and St. Paul, through the surrounding suburbs of Bloomington, Brooklyn Park, and Plymouth, and in major hubs like Rochester, Duluth, and St. Cloud. I understand that good people make mistakes and that not every forgery allegation is what it seems. My mission is to build a powerful, strategic defense that protects your rights, your reputation, and your future.
More Than a Fake Signature: What Forgery Actually Means in Minnesota
In Minnesota, the crime of forgery goes far beyond simply signing someone else’s name to a check. The law casts a wide net, encompassing a broad range of actions that involve creating, altering, or using a false document or object with the “intent to injure or defraud.” This intent is the absolute heart of the matter. You are being accused of acting with a deceptive purpose, which is why the state treats these charges so severely. A Minnesota forgery charge is fundamentally an accusation of fraud, and it can stem from actions that may have seemed minor at the time.
Facing a forgery accusation means you could be charged for anything from using a fake ID for identification to altering business records to cover up a mistake. It includes creating a false membership card for a professional association, putting a fake brand label on merchandise, or even destroying a document to prevent it from being used in a court proceeding. Each of these is considered a serious felony offense in Minnesota. Understanding what constitutes forgery is the first step in building your defense, as the prosecutor must prove not only what you did, but that you did it with a criminal state of mind.
The Law You’re Accused of Breaking: Minnesota Statute § 609.63 — Straight from the Statute
The specific law that defines the crime you are facing is Minnesota Statute § 609.63. This statute is comprehensive, detailing seven different ways a person can commit the general crime of forgery, as well as outlining heightened penalties for using a forged document in a legal proceeding. It is critical that you read and understand the exact language the state will be using to prosecute you.
Here is the text of the statute, formatted for clarity:
609.63 FORGERY.
Subdivision 1. Crime defined; intent to defraud. Whoever, with intent to injure or defraud, does any of the following is guilty of forgery and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both:
(1) uses a false writing, knowing it to be false, for the purpose of identification or recommendation; or
(2) without consent, places, or possesses with intent to place, upon any merchandise an identifying label or stamp which is or purports to be that of another craftsperson, tradesperson, packer, or manufacturer, or disposes or possesses with intent to dispose of any merchandise so labeled or stamped; or
(3) falsely makes or alters a membership card purporting to be that of a fraternal, business, professional, or other association, or of any labor union, or possesses any such card knowing it to have been thus falsely made or altered; or
(4) falsely makes or alters a writing, or possesses a falsely made or altered writing, evidencing a right to transportation on a common carrier; or
(5) destroys, mutilates, or by alteration, false entry or omission, falsifies any record, account, or other document relating to a private business; or
(6) without authority of law, destroys, mutilates, or by alteration, false entry, or omission, falsifies any record, account, or other document relating to a person, corporation, or business, or filed in the office of, or deposited with, any public office or officer; or
(7) destroys a writing or object to prevent it from being produced at a trial, hearing, or other proceeding authorized by law.
Subd. 2. Crime defined; forged document at trial. Whoever, with knowledge that it is forged, offers in evidence in any trial, hearing or other proceedings authorized by law, as genuine, any forged writing or object may be sentenced as follows:
(1) if the writing or object is offered in evidence in the trial of a felony charge, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or
(2) in all other cases, to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.
Deconstructing the State’s Case: The Legal Elements of Forgery in Minnesota
For the prosecutor to convict you of forgery, they must do more than just make an accusation. They carry the heavy burden of proving every single component—or “element”—of the crime beyond a reasonable doubt. My job as your defense attorney is to scrutinize their evidence and arguments, identify the weakest links in their case, and relentlessly challenge them. If the state fails to prove even one of the following elements, they cannot legally secure a conviction.
- A False Writing or ActThe foundation of any forgery case is the existence of a “false writing” or a prohibited act. This is a broad category. It could be a document with a forged signature, an altered check, a fake ID, a counterfeit concert ticket, or a false entry made in a company’s accounting ledger. It can also be an act of omission, such as deleting computer files, or an act of destruction, like shredding documents relevant to a lawsuit. The state must first produce this item or prove this act occurred.
- Knowledge of FalsityNext, the prosecutor must prove your state of mind regarding the false document. This means showing that you either created the false writing yourself or that you possessed or used it knowing that it was forged. This is a crucial distinction. For example, if someone pays you with a counterfeit hundred-dollar bill and you, unaware that it’s fake, try to use it at a store in Maple Grove, you lack the required knowledge. You did not know it was forged, and therefore you did not commit forgery.
- Intent to Injure or DefraudThis is the most important element and often the most difficult for the state to prove. You must have acted with the specific goal of harming, cheating, or deceiving another person, business, or government entity. What was your purpose? Were you trying to steal money, gain an unearned benefit, or cover up wrongdoing? If you created a novelty ID for a friend’s 21st birthday party as a gag gift with no intention of it ever being used for a fraudulent purpose, you lacked the criminal intent that the forgery statute requires.
The Steep Price of a Conviction: Minnesota Penalties for Forgery
Make no mistake: any charge brought under Minnesota Statute § 609.63 is a felony. There is no misdemeanor or gross misdemeanor version of this crime. A conviction means you will be a convicted felon, a label that carries severe and lasting consequences. The potential penalties are significant and depend on the specific circumstances of your alleged offense. Understanding what is at stake is essential as we build your defense. The penalties for forgery in Minnesota are designed to punish and deter, making a robust defense strategy absolutely critical.
Standard Forgery (Subdivision 1)
For any of the seven acts listed in the first part of the statute—from using a false ID to altering business records—a conviction is a felony punishable by up to three years in prison, a fine of up to $5,000, or both. In addition to these maximums, a judge can order you to pay restitution to any alleged victim, place you on lengthy probation with strict conditions, and require you to complete community service.
Aggravated Forgery — Using a Forged Document in a Felony Trial (Subdivision 2)
The law reserves its harshest penalties for those who attempt to corrupt the justice system itself. If you knowingly introduce a forged document or object as genuine evidence during someone else’s felony trial, you face a more severe felony. A conviction is punishable by up to five years in prison, a fine of up to $10,000, or both. This reflects the state’s interest in protecting the integrity of its most serious court proceedings.
Using a Forged Document in Other Proceedings (Subdivision 2)
If you use a forged document as evidence in any other legal setting—such as a civil lawsuit, a misdemeanor trial, a family court hearing, or an administrative proceeding—the penalties are the same as for standard forgery. You face a felony conviction punishable by up to three years in prison, a fine of up to $5,000, or both. Even in a non-felony context, the attempt to deceive a court is treated as a serious crime.
How Forgery Plays Out in the Real World: Common Scenarios in Minnesota
Forgery charges often arise from situations that spiral out of control. A person might feel pressured, desperate, or simply fail to consider the consequences of their actions. These are not elaborate criminal conspiracies; they are often deeply human mistakes that the law treats with unforgiving severity. Here are some common scenarios that lead to felony forgery charges across Minnesota.
The Altered Check in a St. Paul Small Business
An office manager for a small business in St. Paul is responsible for accounts payable. Needing money to cover a personal emergency, they take a legitimate check written to a vendor, change the payee’s name to their own, and deposit it. Or perhaps they are authorized to write checks for up to $500, but they write one to themselves for $1,000 and try to hide it in the books. This alteration, done with the intent to defraud the business, is a classic act of felony forgery.
The Fake ID at a University Bar in Minneapolis
A University of Minnesota student, under 21, uses a high-quality fake ID to buy drinks at a popular Dinkytown bar. The bouncer is experienced and spots the forgery. The police are called. The student thinks they might get a ticket or a minor citation. Instead, because they knowingly used a “false writing… for the purpose of identification,” they are arrested and charged with a felony under Minn. Stat. § 609.63(1).
The Destroyed Records in a Rochester Divorce Case
During a contentious divorce proceeding in Rochester, one spouse is ordered by the court to produce financial records. Fearing that the records will reveal hidden assets, the spouse intentionally deletes electronic bank statements from their computer and shreds physical copies. This act of destroying documents to “prevent it from being produced at a… proceeding authorized by law” constitutes felony forgery under § 609.63(7).
The Counterfeit Concert Tickets Outside a Duluth Venue
Someone buys a block of tickets to a major concert at the DECC in Duluth and then uses a high-quality scanner and printer to create convincing duplicates. They sell these counterfeit tickets to unsuspecting fans outside the venue. By creating and possessing a “falsely made… writing… evidencing a right” to entry, and doing so with the intent to defraud the buyers, they have committed felony forgery.
You Are Not Defenseless: Building a Strategy Against Your Forgery Charge
When you are facing a felony forgery charge, the single most important thing to remember is that an accusation is not a conviction. The prosecutor’s version of events is not the only one that matters. The state has the entire burden of proof, and their case may be built on weak evidence, flawed assumptions, and a complete misunderstanding of your intent. As a Minnesota defense attorney who has dissected countless forgery cases, I know where to look for weaknesses and how to build a defense that can protect your freedom and your future.
My entire approach is centered on challenging the prosecution at every turn. We will investigate the circumstances of your arrest, scrutinize the alleged forged document, interview witnesses, and file legal motions to exclude improper evidence. Many forgery cases are not as straightforward as the police report makes them seem. There is often a compelling story or a critical piece of missing context that can completely change the narrative. Our goal is to find that story and use it to dismantle the state’s case against you, fighting for a dismissal, a reduction of the charges, or a not-guilty verdict.
Lack of Intent to Defraud
This is the most powerful defense against a forgery charge. The state must prove, beyond a reasonable doubt, that you acted with the specific purpose of harming or deceiving someone.
- No Harm Intended: You may have altered a document for a reason you believed was harmless or even helpful. For example, you backdated a form to meet a deadline, believing it wouldn’t hurt anyone. Your action may have been misguided, but it was not done with the intent to defraud.
- Novelty or a Joke: You created a fake document as a gag, a piece of art, or a novelty item with no expectation that it would be used to fool anyone in a serious transaction. Proving this context can demolish the state’s central claim of criminal intent.
You Didn’t Know the Document Was Forged
Possessing a forged document is only a crime if you know it’s fake. This defense is crucial in cases where you are the recipient, not the creator, of the forgery.
- Innocent Possession: Someone gave you a counterfeit bill, a forged check, or a fake title for a vehicle. You accepted it in good faith and tried to use it, believing it was legitimate. You are a victim in this scenario, not a criminal.
- No Reason to Be Suspicious: The forged item was a high-quality fake, and you had no reason to believe it wasn’t genuine. We can argue that a reasonable person in your situation would have also been deceived.
You Had Consent or Authority
Sometimes, what the state calls forgery is actually an action that you had permission to take, but the evidence of that permission is unclear or disputed.
- Verbal Permission: Your boss, spouse, or business partner gave you verbal consent to sign their name on a document or make a change to a record. They may now be denying this to cover their own actions or to shift blame.
- Implied Authority: Based on your role in a company or a long-standing practice, you had a reasonable belief that you were authorized to perform the action in question. We can use past behavior and workplace norms to establish this implied authority.
Mistake of Fact
This defense argues that you acted based on a genuine, but incorrect, belief about the facts of the situation.
- Erroneous Information: You created a document containing false information, but you did so because you honestly believed that information was true at the time. For example, you filled out an official form with incorrect data that you had been given by someone else.
- Identity Confusion: You signed a document believing you were signing for a company or entity that you had the authority to represent, but you were mistaken about the exact legal name or your specific role. This is a mistake, not a crime.
Minnesota Forgery FAQs: Your Questions Answered
Will I go to prison for a felony forgery charge in Minnesota?
A prison sentence of up to three or five years is a legal possibility, but it is not a foregone conclusion. For many first-time offenders, other outcomes like probation, community service, and fines are more common. An effective defense attorney can significantly increase your chances of avoiding prison time by negotiating with the prosecutor or winning your case.
Can a felony forgery charge be dismissed?
Yes, absolutely. A dismissal is the best possible outcome, and it is my primary goal in many cases. If I can show the prosecutor that they cannot prove a key element of the crime (especially intent), that the evidence against you was obtained illegally, or that there are other critical flaws in their case, a full dismissal is achievable.
Do I really need a private lawyer for a forgery charge in a city like Eagan or Woodbury?
Yes. Every forgery charge is a felony, no matter where it occurs. The prosecutors in Dakota or Washington County are just as serious as those in Minneapolis. A private attorney can devote the time, resources, and personalized attention necessary to dissect your case, which can be difficult for an overworked public defender.
How long will a forgery conviction stay on my record in Minnesota?
A felony forgery conviction stays on your criminal record forever unless you are able to get it expunged. Expungement is a separate legal process that is not guaranteed. This is why it is so critical to fight the charge from the outset to avoid having a conviction in the first place.
What is the difference between forgery and theft?
Forgery is the act of creating or using a false document with intent to defraud. Theft is the act of actually taking property or money. The two are often charged together. For example, if you forge a check and successfully cash it, you could be charged with both forgery and theft.
What should I do if police want to question me about a forged document?
You should politely decline to answer any questions and state clearly and immediately, “I am going to remain silent, and I want a lawyer.” Do not try to explain your side of the story. Anything you say can be twisted and used against you. Contact a criminal defense attorney right away.
I only changed a date on a document. Can that really be a felony?
Yes. Under Minnesota law, any “alteration” of a document, no matter how small, can be the basis for a felony forgery charge if the state believes you did it with the intent to injure or defraud someone.
Can I be charged if I didn’t create the fake ID but just had it in my wallet?
Possession of a forged document can be a crime if the state can prove you knew it was forged and that you intended to use it fraudulently at some point. Simply finding a fake ID and holding onto it might not be a crime, but the circumstances of the possession are key.
What if I was forced to forge something?
If you were under duress—meaning you were forced to commit the act because of an immediate threat of serious bodily harm to you or someone else—you may have a valid legal defense. This can be a complex defense to prove, but it is a powerful argument if the facts support it.
Does it matter if no one actually lost any money?
No. The crime of forgery is complete the moment you create or present the false document with the intent to defraud. The state does not have to prove that anyone actually fell for the scam or suffered a financial loss. The crime is in the fraudulent act and intent itself.
Can a forgery charge affect my immigration status?
Yes, profoundly. Forgery is considered a “Crime Involving Moral Turpitude” (CIMT). For any non-citizen, including green card holders, a conviction for a CIMT can lead to denial of citizenship, denial of re-entry into the U.S., and even deportation.
What if the document was obviously a fake?
This could potentially be part of a defense against the “intent to defraud” element. If the document was so poorly made that no reasonable person would have been fooled, we could argue that you couldn’t have possibly intended to defraud anyone with it.
Are there diversion programs for forgery charges?
For some first-time offenders in certain counties, a diversion program or a “stay of adjudication” may be a possibility. This typically involves a period of probation, and if you complete all conditions successfully, the charge is dismissed and does not result in a conviction. Negotiating for this outcome is a key role for a defense attorney.
What’s the first step I should take after being charged?
The very first step is to contact an experienced Minnesota criminal defense attorney. Do not talk to anyone else about your case. The attorney-client privilege protects your conversations, and getting professional legal advice immediately is the best way to protect your rights.
If I am convicted, will I have to pay back any money?
Yes. If the court finds that a person or business suffered a financial loss because of your actions, you will almost certainly be ordered to pay restitution as a condition of your sentence. This would be in addition to any fines or other penalties.
Beyond Prison and Fines: The Lifelong Burden of a Forgery Conviction
The sentence handed down by the judge is only the beginning of your punishment. A felony conviction is a brand that follows you for the rest of your life, creating a web of collateral consequences that can impact your ability to earn a living, find a home, and exercise your fundamental rights as a citizen. A forgery conviction is particularly damaging because it is a crime of dishonesty, creating a permanent stain on your reputation that is difficult, if not impossible, to erase.
A Permanent Felony Record
In the digital age, your criminal record is easily accessible. A felony forgery conviction will appear on virtually every background check conducted by potential employers, landlords, and licensing agencies. You will be legally required to disclose your felon status on many applications, often leading to your immediate disqualification. This isn’t a temporary problem; it is a lifelong barrier to opportunity.
Devastating Career and Housing Impacts
How can you get a job in finance, accounting, healthcare, or retail when a background check reveals a conviction for fraud? The answer is that it becomes incredibly difficult. Employers are legally permitted to deny employment based on criminal convictions that relate to the job, and a forgery conviction relates to almost any job requiring trust. Similarly, landlords in competitive housing markets like the Twin Cities metro area will almost always choose an applicant with a clean record over a convicted felon.
Loss of Civil Rights
As a convicted felon in Minnesota, you will lose your right to vote until you have completed your entire sentence, including any probation or parole. Far more permanently, you will lose your right to own or possess a firearm for the rest of your life under both state and federal law. This is not a right that is easily restored. This single consequence can profoundly alter your life, your hobbies, and your ability to protect yourself and your family.
Immigration Consequences for Non-Citizens
For anyone who is not a U.S. citizen, a forgery conviction is a potential catastrophe. As a Crime Involving Moral Turpitude (CIMT), it can make you deportable, even if you are a lawful permanent resident (green card holder). It can also make you “inadmissible,” meaning if you leave the United States, you may not be allowed to return. It can also serve as an absolute bar to ever becoming a naturalized U.S. citizen.
Why a Proactive Minnesota Forgery Attorney is Your Most Important Asset
When your entire future is on the line, you cannot afford to be passive. The state has a prosecutor whose only job is to secure your conviction. You need a dedicated, private attorney whose only job is to secure your future. The moments after you are charged with forgery are the most critical. The right strategy, deployed immediately, can mean the difference between a life-altering felony conviction and a second chance.
An Advocate Who Understands Crimes of Intent
Forgery cases are not about DNA evidence or fingerprints; they are about what was in your head at the time of the alleged act. Proving or disproving intent requires a unique legal skill set. It requires getting to know you, understanding your story, and presenting your state of mind to a prosecutor or a jury in a compelling, believable way. I have built my practice on handling these nuanced cases, and I know how to attack the prosecution’s arguments about your intent, which is often the weakest point in their case.
The Critical Advantage of Acting Fast
Time is not on your side. The sooner you hire an attorney, the sooner I can get to work. I can intervene with the prosecutor—sometimes before charges are even formally filed—to present our side of the story and negotiate a better outcome. I can preserve crucial evidence, like text messages or witness testimony, before it disappears. I can file motions to challenge the legality of the investigation. By taking immediate, proactive steps, we seize control of the narrative instead of simply reacting to the prosecution’s moves.
Mastery of Minnesota’s Court Systems
While the law is the same across Minnesota, every county courthouse has its own unique culture, and every prosecutor’s office has its own set of priorities and policies. An attorney who understands the local legal landscape—whether in Hennepin County, Ramsey County, Olmsted County (Rochester), or St. Louis County (Duluth)—has a distinct advantage. I have traveled this state defending my clients, and I bring that statewide experience to bear on every single case, tailoring your defense to the specific environment you are facing.
A Commitment to Your Future: My Strategy for Results
When you are my client, your future becomes my cause. My goal is not to simply process your case and accept the first plea offer. My goal is to achieve the best possible result that protects your freedom, your record, and your ability to move on with your life. This may mean negotiating aggressively for a full dismissal. It may mean fighting for a resolution that avoids a felony conviction. Or it may mean taking your case all the way to a jury trial and fighting for a “not guilty” verdict. You are facing the fight of your life, and you need a dedicated fighter in your corner. Call me today.