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.
Forgery Meaning
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:
Forgery Penalties
The punishment for a forgery conviction depends on the specific crime, as the following table shows.
| Forgery Offenses | Colorado Sentences |
| Forgery (C.R.S. 18-5-102) | Class 5 felony: 1 to 3 years in Colorado State Prison and/or $1,000 to $100,000 |
| Second-degree forgery (C.R.S. 18-5-104) | Class 2 misdemeanor: Up to 120 days in jail and/or $750 |
| Use of forged academic record (C.R.S. 18-5-104.5) | Class 2 misdemeanor: Up to 120 days in jail and/or $750 |
| Criminal possession of a forged instrument (C.R.S. 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 (C.R.S. 18-5-107) | Petty offense: Up to 10 days in jail and/or $300 |
| Criminal possession of forgery devices (C.R.S. 18-5-109) | Class 6 felony: 1 year to 18 months in prison and/or $1,000 to $100,000 |
| Criminal simulation (C.R.S. 18-5-110) | Class 2 misdemeanor: Up to 120 days in jail and/or $750 |
| Trademark counterfeiting (C.R.S. 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 (C.R.S. 18-5-112) | Class 2 misdemeanor: Up to 120 days in jail and/or $750 |
| Criminal impersonation (C.R.S. 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 (C.R.S. 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 (C.R.S. 18-5-116) | Class 4 felony: 2 to 6 years in prison and/or $2,000 to $500,000 |
Forgery 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
C.R.S. 16-5-401 suggests that misdemeanor felony charges must be brought within 18 months.
Frequently Asked Questions
Is there a statute of limitations for forgery in Colorado?
Generally, no. Under Colorado law (C.R.S. 16-5-401), there is no statute of limitations for “any forgery regardless of the penalty provided.” This means that, in most cases, prosecutors can file forgery charges years or even decades after the alleged crime occurred.
Does the “no time limit” rule apply to misdemeanor forgery?
By the plain text of the law, the rule applies to all forgeries, including misdemeanors. However, some defense attorneys argue that ambiguous wording in the statute means misdemeanor forgery should default to Colorado’s standard 18-month limit for misdemeanors. Because there is currently no appellate case law resolving this debate, you should assume prosecutors can charge the crime at any time.
What makes a forgery a felony versus a misdemeanor?
It depends entirely on the type of document involved. Forging money, stamps, legal documents, wills, contracts, or public records is usually a class 5 felony. Forging lesser items, such as transit tickets, tokens, or certain certificates, is typically a class 2 misdemeanor.
What are the penalties for a forgery conviction in Colorado?
A class 5 felony forgery conviction carries a presumptive penalty of one to three years in state prison and a fine of $1,000 to $100,000. A class 2 misdemeanor forgery conviction can result in up to 120 days in jail and up to $750 in fines.
What are the most common legal defenses against a forgery charge?
The most common defense is a “lack of intent to defraud.” To be convicted, the prosecution must prove you intended to trick or deceive someone. If you did not know the document was forged, or you were just playing a harmless prank, you lack the required criminal intent. Other defenses include proving the document was actually authentic or that the police discovered the evidence through an illegal search.
Can a forgery conviction be expunged or sealed in Colorado?
If the charge is dismissed or you are acquitted, you can petition to have the records sealed immediately. If you are convicted, forgery is generally sealable under Colorado’s current record-sealing laws, but you must wait a specific number of years after completing your sentence (typically three years for a felony and two years for a misdemeanor) and not commit any new crimes during that time.
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.
