Hawaii Affidavit of Forgery

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State:
Multi-State
Control #:
US-00419BG
Format:
Word; 
Rich Text
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Description

"Forgery" may be defined as the false making or material alteration of a writing with intent to defraud. An essential element of the crime of forgery is making the false writing. An "Affidavit of Forgery" is a notarized sworn statement attesting that the signature which appears on the questioned document is indeed a forgery, and not authorized by the account holder. This type of affidavit may be made for the purpose of having a Bank reimburse its customer for honoring a forged check, or for the purpose of assisting law enforcement in the investigation and prosecution of the forger.
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FAQ

In most states, a person convicted of misdemeanor forgery faces a jail sentence of at least one year. A person convicted for felony forgery faces more than one year in state prison. Misdemeanor forgery is punished more leniently than felony forgery.

Forged instrument in the first degree. (1) A person commits the crime of criminal pos- session of a forged instrument in the first degree if, knowing it to be forged and with intent to utter same, the person possesses a forged instrument of the kind specified in ORS 165.013.

To charge person for debt, default or misdoings of another. Statute of frauds applies only to oral promises made to a person to whom another is answerable.

This can result in a fine of up to $10,000 or up to five years in prison. If the crime involves forgery of a credit card, a public record or defrauds the government, it becomes first-degree forgery, which is a Class B felony. This crime can result in up to 10 years in prison and a fine of up to $25,000.

You should be aware of the potential sentence if you're convicted of robbery in the first or second degree. Robbery in the first degree is a Class A felony, punishable by up to 20 years in prison and fines up to $50,000.

For the most serious class of felonies, other than murder, a six-year period is set, while for the other classes of felonies, three years is deemed sufficient. Consistent with prior law, a two-year period is set for misdemeanors. Prosecution for petty misdemeanors and violations must be commenced within one year.

Act 147, Session Laws 2021, amended §708-851 to provide that the offense of forgery in the first degree includes forgery of a deed, will, codicil, contract, assignment, commercial instrument, or other instrument affecting a legal right, interest, obligation, or status where: (1) the purported maker or drawer of the ...

Section 708-830.5 - Theft in the first degree (1) A person commits the offense of theft in the first degree if the person commits theft of: (a) Property or services, the value of which exceeds $20,000; (b) A firearm; (c) Dynamite or other explosive; (d) Property or services during an emergency period proclaimed by the ...

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Hawaii Affidavit of Forgery