The term “uttering and publishing” may sound outdated, but it refers to a serious white-collar crime that remains aggressively prosecuted across the United States today. This offense involves the act of presenting a falsified document as if it were genuine, with the intent to defraud.
So, what is uttering and publishing in criminal law?
Uttering and publishing is the crime of knowingly presenting or using a forged, counterfeit, or fraudulently obtained document as legitimate, with the intent to deceive or defraud another party.
This guide explains how this charge works, the elements prosecutors must prove, examples of common documents involved, and what penalties defendants may face.
What Is the Charge of Uttering and Publishing?
What is the charge of uttering and publishing in Michigan or elsewhere?
Uttering and publishing is a felony offense that involves knowingly presenting a forged, altered, or fraudulently obtained document as valid with the intent to deceive or commit fraud.
This charge often accompanies related crimes such as forgery, identity theft, or financial fraud. In many states, including Michigan, the offense carries severe penalties and is treated as a serious white-collar crime. The Michigan law defines uttering and publishing as a crime that is taken very seriously due to the implications of fraud.
Legal Definition of Uttering and Publishing
In most states, uttering refers to offering or using a forged document, while publishing means declaring it as true. Both terms are often charged together.
Core Elements of the Crime:
To secure a conviction for uttering and publishing, prosecutors generally must prove:
- The document was false, forged, or fraudulently obtained
- The defendant knew it was false or forged
- The defendant intended to defraud or deceive
- The document was presented, offered, or used as genuine
If even one of these elements is not proven beyond a reasonable doubt, the charge should not result in a conviction.
What Is an Example of Uttering?
What is an example of uttering in criminal law?
An example of uttering is when a person knowingly presents a forged check at a bank, claiming it is valid in order to cash it.
This type of act—presenting a fraudulent document to another party—is at the core of uttering and publishing charges. Even if the document itself was forged by someone else, the person who knowingly uses it can be prosecuted.
What Is the Count of Uttering and Publishing?
What is the count of uttering and publishing in legal terms?
Each separate instance of knowingly presenting a forged document may be charged as an individual count of uttering and publishing.
For example, if a defendant cashes three fraudulent checks at different times, prosecutors can charge three separate counts, each punishable individually.
Common Types of Documents in Uttering and Publishing Cases
The law applies to a wide variety of written or digital instruments. Charges can involve forged or fraudulently obtained versions of the following:
- Checks and bank drafts
- Credit card receipts or gift cards
- Promissory notes or financial contracts
- Deeds, mortgages, or property transfers
- Public records and court documents
- Insurance policies or claims forms
- Fake IDs or driver’s licenses
Even a legally valid document can be the basis for charges if it was acquired through deception, such as using a stolen identity to open a bank account.
Examples of Uttering and Publishing
- Attempting to cash a forged check at a bank
- Using a fraudulently obtained gift card to make a purchase
- Submitting a fake rental agreement or forged employment document to obtain a loan
- Filing a forged will with a probate court
- Presenting a false real estate deed to transfer property ownership
- Using gift cards obtained through deception or presenting valid checks from a false bank account
- Many potentially fraudulent activities can lead to charges of uttering and publishing, including using gift cards obtained through deception or presenting valid checks from a false bank account.
In many cases, these offenses are charged alongside forgery, identity theft, or fraud, depending on how the document was created or obtained.
Is Intent Required for a Conviction?
Yes. The most critical element in an uttering and publishing case is the intent to defraud. A person must knowingly and willfully attempt to deceive another party using a false document.
If someone unknowingly passes a forged item (e.g., cashing a counterfeit check they believed was legitimate), they should not be found guilty under this statute.
An experienced criminal defense lawyer can challenge the prosecution’s ability to prove intent or knowledge, which may result in reduced charges or dismissal.
Penalties for Uttering and Publishing
Uttering and publishing is typically classified as a felony offense. Penalties may include:
- Prison time: Often up to 10 to 14 years, depending on the jurisdiction
- Fines: Substantial financial penalties, sometimes exceeding $10,000
- Restitution: Reimbursement to victims for any losses caused
- Probation: Possible in lower-level or first-time offenses
A conviction for uttering and publishing is classified as a felony and can result in a prison sentence of up to 14 years..
- Prison time: Often up to 10 to 14 years, depending on the jurisdiction
- Fines: Substantial financial penalties, sometimes exceeding $10,000
- Restitution: Reimbursement to victims for any losses caused
- Probation: Possible in lower-level or first-time offenses
In addition to legal penalties, a conviction may severely damage your reputation and future employment opportunities—especially in finance, law, or government. Anyone convicted of uttering and publishing may lose many of their civil rights, including the ability to serve on a jury, vote, or legally own or possess firearms. A felony conviction for uttering and publishing can lead many potential employers to consider the individual dishonest.
How Modern Technology Impacts These Cases
The rise of digital fraud has made uttering and publishing charges more common and more complex. Modern offenses may involve:
- Digitally altered PDFs or e-signature documents
- Online loan or benefits applications using false data
- Stolen identity documents submitted through email
- Social engineering to obtain valid documents through deception
Courts and law enforcement now treat digital forgeries with the same seriousness as physical ones. The legal process for uttering and publishing is complex and often requires professional guidance.
How a Criminal Defense Attorney Can Help
Facing charges for uttering and publishing requires immediate legal representation. A defense attorney can help you build a legal strategy to protect your rights. A defense attorney can:
- Challenge whether you had knowledge of the document’s falsity
- Disprove intent to defraud
- Question the validity or origin of the document
- Negotiate for reduced charges or diversion
- Defenses available for someone charged with uttering and publishing include lack of intent and mistake of fact.
An effective defense may involve forensic analysis, handwriting experts, or document authenticity testing.
Talk to a Defense Lawyer About Your Case
If you’ve been accused of uttering and publishing or any type of fraud-related crime, you need a defense attorney who understands both the law and the details of document-based charges. Many people incorrectly believe they can handle their criminal case independently.
At D.G. Moore Law, we offer skilled representation for clients facing white-collar, forgery, or fraud accusations. We’ll fight to protect your rights, reputation, and future.
Call 269-808-8007 now for a free, confidential consultation and begin building your defense today.
Resources:
- U.S. Department of Justice: White Collar Crime
- National Center for State Courts – Criminal Charges Overview
- Federal Trade Commission – Identity Theft Resources
- Bureau of Justice Statistics – Fraud Offenses
