Legal Question in Criminal Law in Massachusetts

Re: Uttering

Basically, uttering is the passing of a forged check or other document with the intent to defraud the recipient into giving up something of value in exchange for it. It does not involve the actual creation of the forged document, but only the attempt to use it as if it were genuine while knowing that it is a forgery.

It is thus (in many jurisdictions, at least) a lesser-included offense of forgery. This means that a jury which is asked to convict a defendant of forgery but which is not satisfied beyond a reasonable doubt that the defendant actually created the document can convict him of uttering instead.

Re: Uttering

Thank you for your question.

Uttering is defined as having been committed when any person utters and employs as true a forged writing or instrument knowing at that time it to be forged with intent to defraud another person to the prejudice of another person's legal rights.

I hope that this helps answer your question, but if you need more information, have other questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.