Personal injury
$730,000
Passenger injury recovery
We recovered $730,000 for a passenger injured when a vehicle turned into oncoming traffic.
Meet our personal injury attorney: Maxie Lawton
Read case detailsForgery 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.
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.
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.
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.
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.
Organize existing records so the allegation and the source material can be reviewed together:
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.
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.
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Smithfield, VA 23430
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Hampton, VA 23669
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A welcome from our team
Welcome to The Phoenix Trial Firm. We help people across Hampton Roads with personal injury, criminal defense, DUI, and serious traffic matters. Tell us what brought you here, and our team will help you understand your next steps.
Get a Free Consultation Or call 757-777-9285Hampton Roads trial lawyers
We help injured people and those facing criminal, DUI, or serious traffic charges across Hampton Roads.
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Your first conversation
Choose the matter you want to discuss. See how to get started and what to have ready for the conversation.

Start with the collision, your questions, and the changes it has brought to your life.
Good to knowYou do not need every document to make your first inquiry.
Start a conversationTell us when and where the collision happened and how to reach you. A short description is enough to begin an inquiry.
Our team reviews your inquiry. The conversation can cover your injuries, treatment, missed work, insurance questions, and possible next steps.
If we agree to represent you, we explain the scope of our work, fees and costs, and the information needed to begin preparing your claim.

A focused first conversation starts with the matter, the court, and your immediate questions.
Good to knowThis guide introduces the firm’s inquiry process; it does not change any court instruction or deadline.
Start a conversationTell us the charge, the locality or court, and any upcoming court date. Include your contact information so our team can review your inquiry.
Have your charging papers and questions ready for the conversation. We can discuss whether Phoenix is available to review your matter and what a consultation would cover.
If we agree to represent you, we explain the scope of the work and the fee arrangement. Preparation then begins around your particular facts and circumstances.

The details on the summons help us understand the matter you want to discuss.
Good to knowFor DUI or DWI inquiries, choose Criminal defense & DUI above. This overview does not determine whether you must appear in court. That question requires a review of your specific matter.
Start a conversationTell us the charge description, locality or court, and date shown on your summons or later court notice. For speed-related matters, note the alleged speed and posted limit.
Our team reviews your inquiry so we can discuss the circumstances and possible next steps. Mention any work-related driving or license concerns you want considered.
If we agree to represent you, we explain the work covered and the fee arrangement. Your case is prepared around its specific charge, evidence, and circumstances.
Our clients. Our work.
We represent people facing injury, criminal charges, and serious traffic matters. Here are seven outcomes from our work.
Personal injury
Passenger injury recovery
We recovered $730,000 for a passenger injured when a vehicle turned into oncoming traffic.
Meet our personal injury attorney: Maxie Lawton
Read case detailsCriminal defense & DUI
DUI: second offense
Not guilty of second-offense DUI. A conviction on the separate refusal charge remained.
Read case detailsCriminal defense
Strangulation — Chesapeake Circuit Court
The strangulation charge was dismissed. The separate domestic assault and battery charge received a first-offender deferred disposition.
Read case detailsCriminal defense
Felony eluding
The Commonwealth chose not to proceed with the felony-eluding prosecution. Driver identification was the central issue.
Read case detailsCriminal defense
Domestic assault and battery
The court dismissed the charge after considering the client’s testimony, injury photographs, and cross-examination.
Read case detailsCriminal defense
Firearm charges · preliminary hearing
Both charges were dismissed at the Norfolk preliminary hearing and were not certified to circuit court.
Read case detailsSerious traffic
Reckless driving
A challenge to the radar evidence led to a granted motion to strike and dismissal of the reckless-driving charge.
Read case detailsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Passenger injury recovery
Our client was a passenger in a vehicle when the driver turned into oncoming traffic. A severe arm injury required emergency surgery.
The vehicle’s policy provided $250,000 in coverage. Phoenix pursued an underinsured motorist claim and stacked multiple policies for an additional $480,000 in coverage.
We recovered $730,000 for our client.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Second-offense DUI and a separate refusal charge
A stop for failing to obey a highway lane marking led to charges of second-offense DUI and refusal of an official breath test.
The officer reported a slight odor of alcohol and slightly slurred speech. There were no field-sobriety or chemical test results. Phoenix challenged whether the evidence proved DUI beyond a reasonable doubt.
The court found the client not guilty of second-offense DUI because the evidence did not establish guilt beyond a reasonable doubt. The client was convicted of the separate refusal charge.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Chesapeake Circuit Court
Our client faced strangulation and domestic assault and battery charges in Chesapeake Circuit Court following a physical altercation with a partner.
Dante Wright cross-examined the complainant about the reported effects of the altercation. The testimony included no loss of consciousness, no neck marks or bruising, and no hospital treatment or documented neck injury. The defense challenged whether the evidence established the bodily injury required for the strangulation charge and moved to strike.
The court granted the motion to strike and dismissed the strangulation charge. On the separate domestic assault and battery charge, the court found sufficient evidence but granted a first-offender deferred disposition. That charge was not dismissed at this stage.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Felony eluding
A vehicle registered to our client was clocked at more than 100 mph and crashed near a wooded area after police gave chase. It was empty when the officer arrived. Our client was charged with felony eluding.
The vehicle’s registration and personal items linked it to our client, but the officer had no description identifying him as the driver. Phoenix challenged whether the evidence established who was driving. Our client reported the vehicle stolen that night and said he was elsewhere with a sibling.
The Commonwealth chose not to proceed with the felony-eluding charge, which was resolved by nolle prosequi in circuit court.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Navy servicemember · Newport News
Our client, a Navy servicemember, faced a domestic assault and battery charge involving her child’s father.
Dante Wright called our client to testify about the incident, introduced photographs showing bruising and redness on her neck and injuries to her face, and cross-examined the complainant.
The Newport News Juvenile and Domestic Relations District Court dismissed the charge. Considering our client’s injuries and the absence of evidence of significant injuries to the complainant, the judge could not determine who was the aggressor.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Norfolk General District Court
Our client faced charges of possession of a firearm by a convicted felon and second-offense carrying a concealed weapon at a preliminary hearing in Norfolk General District Court.
Dante Wright cross-examined the officers about the evidence linking our client to the firearm. Officers found an object resembling a gun holster on our client, but no firearm. The gun was recovered elsewhere outside an apartment complex, away from our client. No link to the client or the holster was established; fingerprint testing was inconclusive, and no DNA evidence connected him to the firearm.
Both charges were dismissed at the preliminary hearing and were not certified to circuit court.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
A challenge to the radar evidence
Our client faced a reckless-driving charge involving a radar speed measurement.
At trial, the officer could not confirm that the radar had been checked before and after the shift and found accurate. No calibration certificate was presented. Dante Wright moved to strike the evidence.
The court granted the motion to strike and dismissed the reckless-driving charge.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Answers before your first call
Understand the records to preserve, insurance questions to ask, and how we help injured drivers and passengers.
Read the car-accident guide →Follow the process from investigation and treatment documentation through negotiation and, when appropriate, litigation.
Explore the claim process →Get to know Phoenix
Meet the people behind the firm and learn what to expect when you reach out.
A quick introduction from Dante Wright