A man found a checkbook outside a grocery store. He signed the check with the name in the checkbook. This man can be arrested for felony forgery if?

• A. He has one or more prior convictions of forgery - super strike rule
• B. He has no prior convictions
• C. He lacks intent to defraud
• D. The check is for less than $200

Answer: (A)

The situation hinges on enhanced penalties for repeat offenders. Forgery involves presenting or issuing a written instrument—like a check—signed with someone else’s name with the intent to defraud. When a person has one or more prior forgery convictions, many jurisdictions apply a rule that allows this new act to be charged as a felony due to the repeat‑offender enhancement. That means, even if the current act might have been a misdemeanor under other circumstances, the prior forgery record pushes it into felony territory.

So, having a prior forgery conviction makes the act qualify for felony forgery under the super strike rule. Without prior convictions, the charge would be less serious, and the other factors (lacking intent to defraud, or the dollar amount) wouldn’t automatically convert it to a felony.