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

Answers:

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.


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