If you’re charged with possession of a forged instrument, can you also be charged with left of property 3rd degree on the same crime?

Asked on April 8, 2014 under Criminal Law, Alabama


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can be charged with both possession of a forged instrument and third degree theft of property because these criminal charges have separate elements and therefore are not identical. 

The prosecutor has the burden of proving each element of each criminal charge beyond a reasonable doubt in order to obtain a conviction.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.