What is the guidlines for forgery charge if the false document was never cashed and no one suffered a loss

UPDATED: Sep 30, 2022

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What is the guidlines for forgery charge if the false document was never cashed and no one suffered a loss

My husband may or may not have stolen a signed check signed by the
owner of his employer. He did take it into the bank but the
instrument was never honored or cashed. He is being charged with the
4th degree felony even though there was no loss. I understand just
writing the date on the check is forgery, but why would they charge
as if there was a loss when there wasnt?

Asked on September 22, 2016 under Criminal Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Because except for murder, trying to commit a crime is as bad as succeeding, legally. For example, say I swing a machete a someone's head and either miss or he blocks--I have still committed assault, even though there is no injury. If I enter another's home and pick up his TV, I have still committed burglary and theft, even if I ended up getting stopped by the homeowner or police before leaving the house. Similarly stealing the check and/or falsifying it is the crime, even if your husband did not end up getting money from it.

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