Forgery Charges in Colorado: C.R.S. § 18-5-102
Forgery is one of the broadest fraud statutes on the Colorado books. Most people think of forgery as forging a signature on a check, but C.R.S. § 18-5-102 reaches far beyond that — altered deeds, falsified public records, counterfeit government documents, fake IDs, and even document-making equipment used to produce false identification can all trigger a forgery charge.
What the Prosecution Must Prove
To convict you of forgery, the prosecution must prove beyond a reasonable doubt that you, with intent to defraud, falsely made, completed, altered, or uttered a written instrument that is, or purports to be, one of the following:
- Government-issued money, stamps, securities, or other valuable instruments
- Corporate stock, bonds, or other instruments representing an interest in an organization
- A deed, will, contract, promissory note, or other instrument affecting a legal right, interest, obligation, or status
- A public record, or an instrument required by law to be filed with a public office
- A document officially issued by a public office, public servant, or government agency
- Transportation tokens, transfer passes, or similar instruments usable in place of money
- Colorado Lottery tickets or shares
- A document-making implement used to produce false identification documents
“Uttering” means passing the forged document off as genuine — you don’t have to be the one who created it to be charged. Simply using or presenting a forged instrument, knowing it’s false, satisfies this element.
How Forgery Is Classified and Sentenced
Forgery under C.R.S. § 18-5-102 is a class 5 felony in Colorado, carrying a presumptive sentencing range of 1 to 3 years in the Department of Corrections and a fine between $1,000 and $100,000, though probation is common for first-time offenders without aggravating facts. One quirk in the statute: if you hand a forged document to a peace officer, the law creates a legal presumption that you intended to defraud that officer — a presumption your defense attorney can still challenge, but one the prosecution gets to start with.
Case Law That Shapes Forgery Defense
Colorado appellate courts have drawn important lines around what actually qualifies as forgery:
- People v. Cunefare, 102 P.3d 302 (Colo. 2004): A fraudulent letter sent to a prosecutor’s office, purporting to carry the victim’s signature and recanting a prior statement, met the “legal right or status” requirement — because the prosecutor would likely rely on it in deciding whether to move forward with charges, affecting the defendant’s own legal status in the case.
- People v. Carian, 2017 COA 106: The “filed or required to be filed” language only reaches documents actually delivered to a public office under a specific legal mandate. The court held forged probation urinalysis results did not qualify under that subsection, because drug test results aren’t filed with, or legally fileable in, a public office — a significant limitation on what counts as felony forgery.
- People v. Kovacs, 2012 COA 111: A person “falsely completes” an instrument by adding or inserting materially false information into any document — genuine or not — so as to make it appear legally operative.
- People v. Curtis, 2021 COA 103: The existence of a separate, more specific statute covering similar conduct (there, mail ballot offenses) doesn’t prevent the prosecution from charging general forgery for the same conduct.
Possible Defenses to a Forgery Charge
- No intent to defraud — forgery requires specific intent; a mistake, a misunderstanding about authorization, or signing with actual (even informal) permission can defeat the charge
- The document doesn’t meet the statutory definition — as Carian shows, not everything that looks official is a “public record” or “legally fileable” instrument under this statute
- No false making, altering, or completing occurred — the instrument was genuine, or any changes were authorized
- Mistaken identity or lack of evidence linking you to the act of forging or uttering the document
- No statute-of-limitations shield — most Colorado felonies must be charged within three years, but forgery is a specific, statutory exception: under C.R.S. § 16-5-401, there is no time limit on when prosecutors can file a forgery charge, so this is not an available defense
Charged With Forgery in Colorado?
A class 5 felony forgery conviction can mean prison time, a permanent felony record, and the loss of professional licenses. Mile High Legal has defended forgery and fraud charges across the Denver metro and throughout Colorado. Call now for a free, confidential case review.
Is forgery always a felony in Colorado?
Under C.R.S. § 18-5-102, forgery is a class 5 felony regardless of the dollar value involved. There is no misdemeanor tier for this specific statute, though related offenses like criminal simulation or possession of a forgery device carry different classifications.
What counts as a “written instrument” for forgery?
The statute covers eight specific categories, from government securities and corporate instruments to deeds, public records, and document-making implements used to create fake IDs. A document outside those categories generally cannot support a forgery charge, even if it was falsified.
Can I be charged with forgery for signing someone else’s name with their permission?
Forgery requires intent to defraud. If you had actual authorization to sign on someone’s behalf, that intent element is missing — but you’ll need evidence of that authorization, since the prosecution will argue otherwise.
What’s the difference between forgery and criminal impersonation?
Forgery involves falsifying a written instrument. Criminal impersonation (C.R.S. § 18-5-113) involves assuming a false identity and acting in that identity to gain a benefit or cause harm. The same conduct can sometimes support either charge, or both.
Does forging a check count as forgery or theft?
Often both. Prosecutors frequently charge forgery for creating or passing the altered check and theft for the money obtained. Your defense attorney will look closely at whether both charges can legally stand or should merge.
What happens if I handed a forged document to a police officer?
The statute creates a presumption that doing so shows intent to defraud the officer. That presumption can still be challenged with evidence — for example, that you didn’t know the document was false — but it shifts the practical burden in a way that makes early legal advice important.
