Arguably, Colorado prosecutors can bring forgery charges at any time. This is because Colorado’s statute of limitations law plainly says, “[A]ny forgery regardless of the penalty provided: No limit.”
However, a later section of the statute then states:
“Other felonies: Three years
Misdemeanors: Eighteen months”
That “other” appears before “felonies” and not “misdemeanors” is striking. This suggests that the prior section applies only to felony forgeries and not to misdemeanor forgeries.
Therefore, I would argue that the only forgery charges that have no statute of limitations are felonies and that prosecutors cannot press misdemeanor forgery charges once 18 months have passed.1
Alas, there is no case law that interprets this issue, but I believe there is a strong possibility that judges would agree with my analysis.
What is forgery?
Forgery is making or altering a written instrument “with intent to defraud.” Merely possessing a forged instrument may be forgery if you have fraudulent intent.2 The following graphic shows common examples of forged documents:
What are the penalties?
The punishment for a forgery conviction depends on the specific crime, as the following table shows.
| Forgery Offenses | Colorado Sentences |
| Forgery (CRS 18-5-102) | Class 5 felony: 1 to 3 years in Colorado State Prison and/or $1,000 to $100,000 |
| Second-degree forgery (CRS 18-5-104) | Class 2 misdemeanor: Up to 120 days in jail and/or $750 |
| Use of forged academic record (CRS 18-5-104.5) | Class 2 misdemeanor: Up to 120 days in jail and/or $750 |
| Criminal possession of a forged instrument (CRS 18-5-105) | Class 6 felony: 1 year to 18 months in prison and/or $1,000 to $100,000 |
| Criminal possession of second-degree forged instrument (CRS 18-5-107) | Petty offense: Up to 10 days in jail and/or $300 |
| Criminal possession of forgery devices (CRS 18-5-109) | Class 6 felony: 1 year to 18 months in prison and/or $1,000 to $100,000 |
| Criminal simulation (CRS 18-5-110) | Class 2 misdemeanor: Up to 120 days in jail and/or $750 |
| Trademark counterfeiting (CRS 18-5-110.5) | Petty offense (less than $300): Up to 10 days in jail and/or $300 |
| Misdemeanor ($300 to less than $2,000): Up to 364 days in jail and/or $1,000 | |
| Felony ($2,000 and higher): Up to 24 years in prison and/or $1 million | |
| Obtaining signature by deception (CRS 18-5-112) | Class 2 misdemeanor: Up to 120 days in jail and/or $750 |
| Criminal impersonation (CRS 18-5-113) | This can be a class 1 misdemeanor, a class 2 misdemeanor, or a class 6 felony. |
| Offering a false instrument for recording (CRS 18-5-114) | Class 5 felony (in the first degree): 1 to 3 years in prison and/or $1,000 to $100,000 |
| Class 2 misdemeanor (in the second degree): Up to 120 days in jail and/or $750 | |
| Controlled substances – inducing consumption by fraudulent means (CRS 18-5-116) | Class 4 felony: 2 to 6 years in prison and/or $2,000 to $500,000 |
What are the defenses?
Here at Colorado Legal Defense Group, I have defended literally thousands of people charged with fraud crimes such as forgery. In my experience, the following three defenses have proven very effective with prosecutors, judges, and juries.
- You had no intent to defraud. Innocent mistakes are not criminal.
- The document was authentic. Perhaps prosecutors are mistaken about whether the documents in question are valid.
- The police conducted an illegal search. If this happens, the judge may agree to suppress any evidence found from the unlawful seizure. This may leave the D.A. with too weak of a case to prosecute.
In any case, the D.A. has the burden to prove guilt beyond a reasonable doubt. This is a very high bar. If the D.A. has insufficient evidence, the charges should be dropped.3
Additional Reading
For more in-depth information on forgery laws, refer to the following scholarly articles:
- Forgery and the Literacy of the Early Common Law – Albion.
- The Crime of Forgery – Journal of Financial Crime.
- When Is a Document False in the Law of Forgery? – The Modern Law Review.
- The Perfect Fake: Creativity, Forgery, Art and the Law – DePaul-LCA Journal of Art & Entertainment Law.
