Eleanor Finch
In Tennessee, check fraud is considered a form of theft and is classified as a felony. The penalties for check fraud vary depending on the amount of money involved and the nature of the allegations. Forgery, a common type of check fraud, is classified as a felony in Tennessee, with the minimum penalty being a Class E felony, punishable by 1 to 6 years in prison and fines up to $3,000. If the forged writing results in a loss of $250,000 or more, it is charged as a Class A felony, with potential prison time of up to 60 years and fines up to $60,000. The specific penalties for check fraud in Tennessee depend on the value loss involved and the intent to defraud or harm another.
| Characteristics | Values |
|---|---|
| Nature of allegations | Fraud refers to the act of depriving another individual or entity of their money, property, service, or other valuable security through deceitful tactics |
| Amount of money or property involved | $250,000 or more for a Class A felony; $60,000 or more for a Class B felony; $10,000 or more but less than $60,000 for a Class C felony; $2,500 or more but less than $10,000 for a Class D felony; Less than $2,500 for a Class E felony |
| Whether the offense is financial | Yes |
| Type of fraud offense | Credit card fraud, identity theft, forgery, embezzlement, criminal simulation |
| Penalty | Imprisonment ranging from 11 months to 60 years and fines ranging from $2,500 to $50,000 |
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What You'll Learn
Forgery is a felony in Tennessee
Forgery is a serious offence, even if no monetary loss occurs, and is punishable by law with a minimum sentence of a Class E felony, which carries a possible sentence of one to six years in prison and fines of up to $3,000. The classification of the felony and the severity of the punishment increase with the amount of monetary loss caused by the forgery. A Class D felony, for example, involves a monetary loss of $2,500 to $10,000 and is punishable by two to twelve years in prison and fines of up to $5,000. A Class C felony involves a monetary loss of $10,000 to $60,000 and is punishable by three to fifteen years in prison and fines of up to $10,000. A Class B felony involves a monetary loss of $60,000 to $250,000 and is punishable by up to thirty years in prison and fines of up to $25,000. Finally, a Class A felony involves a monetary loss of $250,000 or more and is punishable by fifteen to sixty years in prison and fines of up to $50,000 to $60,000.
It is important to note that the specific penalties for forgery may vary depending on the nature of the allegations, the offender's criminal history, and the relationship between the offender and the victim, among other factors. If you are facing charges for forgery in Tennessee, it is crucial to consult with an experienced attorney who can provide guidance and representation in court.
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Fraud is a broad term
Forgery is a type of fraud that involves falsifying a document with the intent to defraud or harm another. This can include making up entire documents or signing someone else's name on checks, contracts, or wills. Forgery is typically charged based on the value that was taken from the other person, with a minimum charge of a Class E felony, punishable by 1-6 years in prison and fines up to $3,000. If the loss is $2,500 or more but less than $10,000, it is a Class D felony, punishable by 2-12 years in prison and up to $5,000 in fines. If the loss is $10,000 or more but less than $60,000, it is a Class C felony, with potential imprisonment of 3 to 15 years and fines up to $10,000. A Class B felony applies when the loss is $60,000 or more but less than $250,000, with penalties of up to 30 years in prison and a $25,000 fine. Finally, a Class A felony is charged when the loss is $250,000 or more, resulting in up to 60 years in prison and a maximum fine of $50,000 to $60,000.
Credit card fraud is another common type of fraud, which occurs when an unauthorized person uses a credit or debit card. Tennessee has enacted specific laws to address this issue. Other forms of fraud include medical fraud, identity theft, and embezzlement, which are all considered economic or white-collar crimes. These crimes are non-violent but carry severe penalties, including prison time for first-time offenders.
Many fraud cases are "wobbler" crimes, meaning they can be charged as either a misdemeanor or felony, depending on the nature of the allegations, the amount of money or property involved, and whether the offense is financial. For example, credit card fraud involving less than $1,000 is typically charged as a Class A misdemeanor, resulting in up to 11 months and 29 days in jail and a $2,500 fine.
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Fraud and forgery are types of theft
In Tennessee, fraud and forgery are charged just like any other theft offense, with penalties depending on the value loss involved. While general fraud doesn't have its own law in Tennessee, it is considered a form of theft under state criminal law. Forgery, on the other hand, is always classified as a felony in Tennessee, with punishments ranging from one to six years in prison and fines up to $3,000.
The specific penalties for fraud and forgery can vary depending on the jurisdiction and the nature of the allegations. In some cases, fraud can be charged as either a misdemeanor or felony, depending on the amount of money or property involved and the financial nature of the offense. For example, credit card fraud involving less than $1,000 is typically charged as a misdemeanor in Tennessee, while forged writing resulting in a loss of $250,000 or more is considered a class A felony.
It's important to note that fraud and forgery can have serious consequences, including jail time, fines, restitution payments, and damage to one's professional reputation. Additionally, there are various types of fraud, such as credit card fraud, identity theft, romance scams, and lottery scams, each with its own legal implications and impact on victims. Seeking legal advice from a criminal defense attorney is crucial when facing fraud or forgery charges to understand the specific laws and potential defenses in a given jurisdiction.
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Fraud and forgery are white collar crimes
In Tennessee, worthless checks, fraud, and forgery are commonly referred to as white-collar crimes. Fraud is a broad term that can refer to misrepresenting oneself or a situation to make an unlawful gain. While fraud doesn't have its own law in Tennessee, it is considered a form of theft, which is defined as the unlawful taking of goods or services through deception, fraud, or false pretenses. The punishment for fraud in Tennessee depends on the value loss involved.
Forgery, on the other hand, is charged depending on the value that was taken from the other person. Forgery will never be less than a Class E felony in Tennessee, punishable by 1 to 6 years in prison and fines of up to $3,000.
White-collar crimes are nonviolent crimes of deceit or concealment committed to obtain or avoid losing money or to gain a personal or business advantage. They are often perpetrated by individuals of respectability and high social status within corporate or office settings. White-collar crimes can include fraud, forgery, embezzlement, counterfeiting, and certain regulatory offenses. These crimes can have severe consequences, including prison time, fines, and restitution.
In Tennessee, credit card fraud is a specific type of fraud that is penalized according to the value of the loss involved. If the forged writing leads to a loss of $250,000 or more, it is charged as a Class A felony, punishable by up to 60 years in prison and a maximum fine of $60,000. Credit card fraud involving less than $1,000 is typically charged as a Class A misdemeanor, resulting in up to 11 months and 29 days in jail and a fine of $2,500.
White-collar crimes are investigated by various entities, including the Federal Bureau of Investigation (FBI), the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and state authorities. These crimes can have significant impacts, destroying companies, wiping out people's life savings, costing investors billions, and eroding public trust in institutions.
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Fraud and forgery penalties depend on the value lost
In Tennessee, fraud is a broad term referring to the act of depriving another individual or entity of their money, property, service, or other valuable security through deceitful tactics. Forgery is considered a type of fraud and is defined as falsifying a document or making, altering, or passing off any writing with the intent to defraud or harm another. The penalties for fraud and forgery offenses depend on the value lost, the nature of the allegations, and the specific type of fraud or forgery committed.
Forgery and fraud are charged like any other theft offense in Tennessee and are graded in dollar amounts. Forgery is always a felony in Tennessee, with the minimum penalty being a Class E felony, punishable by 1 to 6 years in prison and fines up to $3,000. If the loss is less than $2,500, it is classified as a Class E felony. As the value lost increases, the severity of the felony and the associated penalties also increase. A Class D felony, for losses between $2,500 and $10,000, carries a sentence of 2 to 12 years and fines up to $5,000. A Class C felony, for losses between $10,000 and $60,000, results in a sentence of 3 to 15 years and fines up to $10,000. For losses exceeding $60,000, the offense is classified as a Class B felony, punishable by up to 30 years in prison and a maximum fine of $25,000. If the loss reaches or surpasses $250,000, the forgery is upgraded to a Class A felony, with potential incarceration of 15 to 60 years and fines up to $50,000 to $60,000.
Fraud offenses can be charged as misdemeanors or felonies ("wobbler" crimes), depending on the amount involved. A fraud offense involving less than $1,000 is typically charged as a Class A misdemeanor, resulting in up to 11 months and 29 days in jail and a fine of up to $2,500. As the monetary value increases, the fraud is charged as a felony, with penalties ranging from Class E to Class A felonies, similar to the forgery penalties described above.
It is important to note that the specific nature of the fraud or forgery offense, the relationship between the defendant and the victim, the number of affected victims, and the defendant's criminal history can also influence the penalties imposed by the court.
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Frequently asked questions
Check fraud is a type of fraud where an individual deprives another person or entity of their money, property, service, or other valuables through deceitful tactics. Check fraud is considered a form of theft in Tennessee.
Forgery and check fraud are felonies in Tennessee, punishable by a minimum of a Class E felony. The classification of the felony depends on the value of the loss involved, with higher values leading to more severe charges. For instance, a loss of $2,500 or more but less than $10,000 is a Class D felony, while a loss of $60,000 or more is a Class B felony.
The penalties for a felony conviction for check fraud in Tennessee vary depending on the class of the felony. A Class E felony carries a sentence of up to 6 years in prison and a fine of up to $3,000. A Class B felony can result in up to 30 years in prison and a maximum fine of $25,000. The specific penalty will also depend on the defendant's criminal history and the nature of the relationship with the victim.
