Virginia Forgery and Uttering Charges: § 18.2-172

Forgery and uttering describe different accusations in Virginia. A charge involving a writing should be read from the complete charging document, including the code section, the alleged conduct, and each separate count. The word “forgery” in a conversation or online case description does not tell you everything the prosecution alleges.

This guide focuses on Virginia Code § 18.2-172, which addresses certain writings and classifies the covered conduct as a Class 5 felony. It explains the statutory distinctions and records useful for an initial legal review. It does not decide whether a document was forged or whether a particular person committed an offense.

Which writings does § 18.2-172 address?

Virginia Code § 18.2-172 covers forging a writing to the prejudice of another person’s rights, except writings addressed by §§ 18.2-168 and 18.2-170. It also covers uttering or attempting to use such a forged writing as true while knowing it is forged.

The exclusions matter. Section 18.2-168 separately addresses public records and specified official certificates, returns, or attestations. Section 18.2-170 addresses specified coin, notes, and bills. A document’s legal category should be checked rather than inferred from its everyday name. This page does not explain those separate offenses.

How do forgery and uttering differ?

The distinction is between the allegation of forging the writing and the allegation of knowingly presenting or employing a forged writing as genuine. In its published Dillard v. Commonwealth opinion, the Court of Appeals treated forgery and uttering as separate offenses and explained uttering through a person’s words or actions asserting that a writing known to be forged is valid.

For an initial review, identify what each count says happened. Does it allege forgery, uttering, or both? Which writing does each count identify, and what date is alleged? Keep those details separate even when the papers refer to the same transaction. The number of papers or documents alone does not answer how many offenses can properly be charged or proved. That requires analysis of the actual charges and evidence.

Why do knowledge and intent matter?

For the uttering or attempted-use language in § 18.2-172, knowledge that the writing is forged is an express condition. The section also treats obtaining another person’s signature on a covered writing through a false pretense or token, with intent to defraud another person, as forgery subject to the same punishment.

Intent is not relevant only to that signature provision. Dillard discusses intent to defraud as part of forgery’s common-law meaning. This short overview does not supply a complete elements test. A disputed signature, inaccurate entry, or unsuccessful transaction should not be treated as a self-explanatory answer to the legal questions. Ask counsel to identify the conduct, knowledge, intent, and writing-related requirements for the particular accusation, then distinguish those requirements from what the available evidence actually shows.

What punishment does a Class 5 felony authorize?

Under Virginia Code § 18.2-10(e), a Class 5 felony carries a prison term of one to ten years. Alternatively, in the discretion of the jury or the court trying the case without a jury, it permits up to 12 months in jail, a fine of up to $2,500, or both.

That alternative does not make the charged offense a misdemeanor. These statutory ranges are not a prediction of the sentence in an individual case. Section 18.2-10 also contains provisions concerning an additional suspended term of incarceration when applicable; the range above is not a complete sentencing calculation. A lawyer must evaluate the actual charge, record, and governing sentencing rules before discussing possible outcomes.

Which records help identify the accusation?

Organize existing records so the allegation and the source material can be reviewed together:

• The complete warrant, summons, indictment, or other charging document, including every count and statutory section.
• The court name, case number, next hearing date, and any later notice or order. Keep the most recent court document identifiable.
• The writing identified in the accusation, if you lawfully possess it, together with its complete pages, attachments, and any existing versions.
• Existing messages, receipts, account records, or other materials relating to who supplied, signed, received, or used the writing. Preserve their original context and dates.

Separate your recollection from what a document actually states. If the charging papers do not identify a writing clearly, note that gap for counsel rather than guessing. Do not alter or destroy records or obtain material through someone else’s account without authority. Confirm an appropriate way to provide sensitive documents before sending them. These organizational steps are not a list of evidence that must exist in every case.

Keep the next step tied to the actual charge

A useful first discussion identifies the exact statutory section, alleged act, writing, court, and next deadline. It should also establish what records counsel needs and whether any existing order requires immediate attention. Bring the complete papers even if an online entry gives a shorter description. This guide does not change a hearing date or recommend a plea.

For the firm’s broader representation overview and questions about availability for a particular charge and court, see criminal defense in Hampton Roads. Ask whether the firm accepts the actual matter and what any proposed representation would include. This informational page does not promise acceptance, a fee, or a result.

Source research: October 18, 2026, using the linked official Virginia Code text and the cited published opinion. Review was limited to those sources; no independent Shepard’s or KeyCite subsequent-treatment check, comprehensive case-law or defenses analysis, or individual sentencing assessment was performed. General information is not legal advice about a particular matter.