Would someone convicted of uttering forgery under $500.00 be a felony?

02/01/2007 - Criminal - State: MS #1213

Full Question:

Is Miss. Code Ann. 97-21-59 and /or 97-21-33 a swing statue? Would someone convicted of uttering forgery under $500.00 be a felony?

Answer:

SEC. 1-3-11. Felony.

The term "felony," when used in any statute, shall mean any violation of law punished with death or confinement in the penitentiary.

SEC. 97-21-33. Penalty for forgery.

Persons convicted of forgery shall be punished by imprisonment in the Penitentiary for a term of not less than two (2) years nor more than ten (10) years, or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both; provided, however, that when the amount of value involved is less than Five Hundred Dollars ($500.00) in lieu of the punishment above provided for, the person convicted may be punished by imprisonment in the county jail for a term of not more than six (6) months, or by a fine of not more than One Thousand Dollars ($1,000.00), or both, within the discretion of the court.

SEC. 97-21-59. Uttering counterfeit instrument or coin.

Every person who shall be convicted of having uttered or published as true, and with intent to defraud, any forged, altered, or counterfeit instrument, or any counterfeit gold or silver coin, the forgery, altering, or counterfeiting of which is declared by the provisions of this chapter to be an offense, knowing such instrument or coin to be forged, altered, or counterfeited, shall suffer the punishment herein provided for forgery.

It appears that whether or not the actions described in 97-21-59 would constitute a felony would depend on the sentence given by the court.



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02/01/2007 - Category: Criminal - State: MS #1213

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