Define: Uttering

Uttering
Uttering
Quick Summary of Uttering

Uttering refers to the act of attempting to pass off a counterfeit paper or document as genuine, with the purpose of deceiving another person.

Full Definition Of Uttering

Uttering is a criminal act in which an individual attempts to present a counterfeit document as genuine, with the purpose of deceiving or defrauding someone. For instance, if someone fabricates a false check and endeavors to deposit it into their bank account, they are engaging in uttering. In this scenario, the person is trying to pass off the counterfeit check as a legitimate one, aiming to obtain funds they are not entitled to. This constitutes a blatant case of uttering, as they are employing a forged instrument (the counterfeit check) to perpetrate fraud against the bank.

Uttering FAQ'S

Uttering refers to the act of knowingly passing or using a forged or counterfeit document, such as a check or a legal instrument, with the intent to deceive or defraud.

Yes, uttering is considered a criminal offense in most jurisdictions. It is often charged alongside other related offenses, such as forgery or fraud.

Penalties for uttering vary depending on the jurisdiction and the specific circumstances of the case. However, it is generally considered a serious offense and can result in imprisonment, fines, probation, or a combination of these.

Yes, uttering can be charged as a felony in many cases, especially if the forged document involves a significant amount of money or if the offender has a prior criminal record.

While both uttering and forgery involve the use of forged documents, the main difference lies in the intent. Uttering specifically refers to the act of passing or using the forged document, whereas forgery involves the creation or alteration of the document itself.

In order to be charged with uttering, the prosecution must prove that the individual knowingly passed or used a forged document. If the person genuinely believed the document to be genuine and had no knowledge of its forgery, they may have a valid defence against uttering charges.

Yes, uttering can be committed with electronic documents, such as digitally altered checks or counterfeit electronic signatures. The use of technology has expanded the scope of uttering offenses in recent years.

While uttering is commonly associated with forged documents, it can also apply to the passing or using of counterfeit currency. In such cases, the intent to deceive or defraud is still a crucial element of the offense.

Restitution, which involves compensating the victim for any financial losses incurred, may be a factor considered by the court during sentencing. However, it does not guarantee that uttering charges will be dropped entirely, as the decision ultimately rests with the prosecutor and the judge.

Yes, it is highly recommended to seek legal representation if you are charged with uttering or any other criminal offense. A skilled lawyer can assess the specific details of your case, build a strong defence strategy, and guide you through the legal process to achieve the best possible outcome.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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