The moment you see those flashing lights or receive that call from a detective, everything changes. Now, you’re facing fraud or forgery charges in Nevada—serious allegations that could result in felony convictions, prison time, and a permanently damaged reputation.
If you’re here, you may be wondering what these charges mean, what penalties you’re facing, and what defenses might be available to you. This guide breaks down everything you need to know about fraud and forgery charges in Nevada and how an experienced defense attorney can help protect your future.
What is Forgery Under Nevada Law (NRS 205.090)?
Under Nevada Revised Statute 205.090, forgery involves falsely making, altering, or using a written document with the intent to defraud. This includes:
- Falsifying signatures on checks, contracts, or legal documents
- Altering the amount on a check after it’s been signed
- Creating fake identification documents
- Falsifying public records or court documents
- Using someone else’s signature without authorization
- Passing or attempting to pass forged documents, knowing they’re fake
The key element prosecutors must prove is that you acted with the specific intent to defraud someone else. Without this intent, the act doesn’t constitute forgery under Nevada law.
Nevada Forgery Penalties: What You’re Facing
Forgery in Nevada is typically charged as a category D felony, punishable by:
- 1-4 years in Nevada state prison
- Up to $5,000 in fines
- Mandatory restitution to victims
- A permanent felony record
If the forgery involved a firearm or was committed to enable another crime, penalties can increase significantly. Additionally, certain types of forgery (like counterfeiting currency) may be prosecuted at the federal level with even harsher penalties.
Bad Check Laws in Nevada (NRS 205.130)
One of the most common fraud charges in Nevada involves writing bad checks. Under NRS 205.130, it’s illegal to knowingly write a check when you don’t have sufficient funds to cover it.
Nevada Bad Check Penalties
The severity of penalties depends on the amount involved:
- Check under $1,200: Misdemeanor (up to 6 months in jail, $1,000 fine)
- Check or series of checks totaling $1,200 or more within 90 days: Category D felony
- Three or more previous convictions: Automatic category D felony regardless of amount
- Payroll checks over $1,200: Gross misdemeanor
What many people don’t realize is that even if you deposit funds later, you can still be charged if you knew the funds weren’t available when you wrote the check.
Other Common Fraud and Forgery Crimes in Nevada
Credit Card Fraud (NRS 205.760-205.780)
Using someone else’s credit card without authorization, or using a fake or altered credit card to obtain money, goods, or services. Penalties range from misdemeanors to category B felonies, depending on the amount involved.
Identity Theft (NRS 205.463-205.465)
Using another person’s identifying information to harm them or benefit yourself. This includes using someone’s personal data to open accounts, obtain credit, or forge documents in their name. Identity theft is typically a category B felony in Nevada.
Counterfeiting (NRS 205.175-205.185)
Creating or possessing counterfeit currency, securities, or official seals. This is a category D felony in Nevada and may also be prosecuted federally.
False Statement to Obtain Credit or Loan (NRS 205.375)
Knowingly making false statements to obtain credit, loans, or financing. This is usually charged as a gross misdemeanor for first offenses.
Insurance Fraud (NRS 686A.2815)
Filing false insurance claims or providing false information to insurers. Penalties vary based on the amount involved, ranging from gross misdemeanors to category B felonies.
Possession of Forged Instruments in Nevada
Under NRS 205.160, simply possessing forged documents with the intent to use them fraudulently is a crime—even if you never actually used them. This offense is typically charged as a category C felony, punishable by:
- 1-5 years in Nevada state prison
- Up to $10,000 in fines
- Restitution to victims
Defenses to Fraud and Forgery Charges in Nevada
Lack of Intent to Defraud
Fraud and forgery are specific intent crimes. If you didn’t intend to defraud anyone—perhaps you genuinely believed you had authorization or that the document was legitimate—this can be a complete defense.
Authorization
If you had actual permission to sign someone’s name or alter a document, you haven’t committed forgery. We gather evidence like emails, texts, or witness testimony to prove authorization existed.
Insufficient Evidence
The prosecution must prove all elements of fraud or forgery beyond a reasonable doubt. We challenge evidence linking you to the alleged crime, question document authenticity, and scrutinize the chain of custody.
Constitutional Violations
If police conducted illegal searches, seized evidence without proper warrants, or violated your rights during questioning, we can file motions to suppress evidence obtained unlawfully.
Mistaken Identity
You may have been wrongfully identified as the person who committed the forgery. Handwriting analysis, alibis, and other evidence can help establish that you weren’t involved.
Statute of Limitations
Most fraud and forgery crimes in Nevada have a 3-4 year statute of limitations. If charges are filed after this period, we can move to have them dismissed.
How Fraud and Forgery Charges Impact Your Life
Beyond the immediate legal penalties, fraud and forgery convictions can have devastating long-term consequences:
Professional Licensing Issues
Many professional licenses (real estate, insurance, healthcare, legal, financial services) can be denied or revoked following a fraud conviction.
Employment Barriers
Employers are often reluctant to hire individuals with fraud convictions, especially for positions involving financial responsibility or trust.
Immigration Consequences
For non-citizens, fraud convictions are considered “crimes involving moral turpitude” and can lead to deportation or denial of citizenship.
Housing Difficulties
Landlords typically conduct background checks and may deny housing to those with fraud convictions.
Financial Impact
A fraud conviction can make it difficult to obtain loans, credit cards, or other financial services.
Steps to Take If You’re Facing Fraud or Forgery Charges
1. Remain Silent
Don’t discuss your case with anyone except your attorney. Anything you say to investigators, friends, or family could potentially be used against you.
2. Don’t Destroy Evidence
While it might be tempting to delete emails or dispose of documents, destroying evidence can lead to additional charges of obstruction of justice.
3. Hire an Experienced Defense Attorney
The sooner you secure legal representation, the better your chances of a favorable outcome. An experienced attorney can:
- Intervene before formal charges are filed
- Negotiate with prosecutors
- Begin building your defense immediately
- Protect you during questioning
4. Document Everything
Write down your recollection of events while they’re fresh in your memory. Note the names of potential witnesses and collect any evidence that might support your case.
5. Appear for All Court Dates
Missing court appearances can result in additional charges and the issuance of bench warrants.
Common Questions About Fraud and Forgery Charges in Nevada
Can I Get Probation for a Forgery Conviction in Nevada?
Yes, first-time offenders may be eligible for probation instead of prison time, especially if the amount involved was relatively small and restitution is made.
Will My Fraud Case Go to Trial?
Most fraud and forgery cases are resolved through plea negotiations, but if a favorable agreement can’t be reached, we prepare thoroughly for trial.
Can Forgery Charges Be Expunged in Nevada?
Nevada doesn’t offer traditional expungement, but under certain circumstances, records may be sealed after a waiting period (typically 5 years for category D felonies).
What If I Didn’t Know the Document Was Forged?
If you unknowingly passed a forged document, this lack of knowledge is a complete defense to forgery charges.
Can I Still Be Charged If I Paid Back the Money?
Yes. Making restitution doesn’t eliminate the crime, though it may influence prosecutors to reduce charges or recommend lighter sentencing.
Why Choose Benjamin Durham Law Firm for Your Fraud Defense
When your freedom, reputation, and future are on the line, experience matters. At Benjamin Durham Law Firm, we bring:
- Experience defending against fraud and forgery charges throughout Nevada
- In-depth knowledge of Nevada’s complex fraud statutes
- Strategic negotiation skills that often result in reduced charges or dismissals
- Trial readiness if your case needs to go before a jury
- Personalized attention to your unique case circumstances
We understand that many fraud and forgery charges stem from misunderstandings, desperate financial situations, or false accusations. We take the time to understand your side of the story and build a defense strategy tailored to your specific situation.
Contact an Experienced Nevada Fraud Defense Attorney Today
If you’re facing fraud or forgery charges in Nevada, time is of the essence. The sooner we can begin working on your case, the more options we’ll have to defend you effectively.
At Benjamin Durham Law Firm, we offer confidential consultations to discuss your case and explore your defense options. We serve clients throughout Las Vegas, Salt Lake City, and the surrounding areas.
Don’t let fraud or forgery charges determine your future. Contact us today to speak with an experienced defense attorney who will fight to protect your rights and freedom.
