In our society, the ability to transact lies heavily in trustworthy and legitimate documents. When someone uses forged documents, it can have far-reaching effects that will affect your business, finances, and even your lifestyle. Therefore, the law harshly punishes the perpetrators for discouraging the offense.
Traditionally, forgery offenses consisted of altering or doing false writing. Possessing, offering, and using false documents or writing to commit fraud was a different crime referred to as "uttering a forged instrument." Therefore, if you use a false ID to gain finances, the law would find you guilty of uttering a forged instrument, although you did not make a false ID. Currently, California treats these offenses as forgery under Penal Code 470.
Forgery is a severe offense with far-reaching consequences, and if you are facing these charges in Santa Ana, you should consider hiring an experienced attorney to represent you. Our California Criminal Lawyer Group legal team will review your case and represent you. You do not have to worry, as we will diligently work hard to ensure you obtain the best possible outcome in your case.
Legal Definition of Forgery Offense in California
California statute under penal code 470 prohibits forgery. Under this statute, the law defines forgery as the act of knowingly committing the following for fraudulent purposes:
- Signing someone's name without their approval.
- Falsifying or changing legal documents.
- Copying or recreating someone's handwriting.
- Recreation, forging, or counterfeiting of an official seal.
- Changing or presenting fake documents as though they are genuine.
- Altering, forging, or falsifying certain documents. These documents include money orders, checks, property deeds, lottery tickets, contracts, and bonds.
Elements of Forgery Offense
The prosecution must prove the following elements beyond a reasonable doubt for the court to convict you of the crime of forgery:
- You committed one of the fraudulent acts mentioned above.
- You committed the acts intending to defraud someone else.
You Intended to Defraud Another Person
Under California PC 470, you will have intended to defraud someone else when you lie or deceive someone so that you can gain a legal right to their property or take their money away. While facing forgery charges, you will have acted with intent to defraud even in circumstances where no one suffers legal, financial, or property loss or is defrauded.
Example: Bret writes Sally a $30 check for her cleaning services. Sally adds an extra zero on the check making the total payment amount $300. Sally intends to cheat Bret out of some extra money. In this case, Sally commits a fraudulent act, trying to deceive Bret by attempting the check. Here, Sally is guilty of committing a forgery even if she fails to cash the check.
For a forgery offense, the victim does not have to be defrauded for the offense to be held in court. Also, the court can not convict you for forgery unless you had the intention of defrauding someone. This element aims to ensure that the law protects you if you accidentally defrauded another person.
Example: Susan tries to cash in a fake check, and the bank teller is suspicious and has their manager review the check. Once the bank manager realizes the fake check, they put it on hold. In this case, the bank does not lose any money, but the fact that Susan intended to defraud the bank, makes her criminally liable for the forgery offense.
There are several types of forgery offenses in California. They include:
Signing another person's name without their approval.
To commit this type of forgery, you will need to:
- Sign another person’s name without their approval or authority on a legal or financial document.
- Sign their name, knowing you do not have the approval or authority to do so.
Example: Mary and Anne are roommates. One day, Mary finds a check made out to Anne in an envelope. She cashes the check and keeps the money without informing Anne about it. In this case, Mary has committed forgery under California PC 470. If she had informed Anne about the check and Anne had given her permission to cash in the check and keep the money, then she would not be guilty of forgery in California.
Forging or counterfeiting another person's seal or handwriting
You will be guilty of forgery in California when you forge or counterfeit another person's seal or handwriting to defraud them. When it comes to this type of forgery, you can commit it on any document, and it does not matter that it's not listed under California PC 470. Under this type of forgery, the only requirement is that you can use the document to execute a fraudulent action. Therefore, this type of forgery mainly occurs with documents affecting the property, legal, or financial rights.
Example: Jyme is applying for a job in a security company, one of the requirements is a firearm license which he does not have. He takes his brother's firearm license, photocopies it, and then changes its name with his. When he takes the required documents to the company, he includes even the altered document. In this case, Jyme has committed the crime of forgery under California PC 470 as he has altered and faked a document containing a government seal to pass it as his own.
Falsifying, altering, or corrupting legal documents
You will be guilty of this type of forgery under California PC 470 when you falsify, alter, or corrupt a legal document intending to commit fraud. Some of these legal documents include and are not limited to:
- Title deeds.
- Will.
- Court records.
For this type of forgery, you do not have to involve another person's signature, seal, or handwriting. This type of forgery mainly focuses on the legal document as an entity.
Example: Jack is upset when he learns that his parents intend to bequeath their family property to his younger sister in their will. Upon their death, he replaces this will with a different one that favors him. Jack did not forge, alter, or fake a signature, seal, or handwriting in this situation. However, he still committed forgery when he changed a legal document intending to pass it as genuine.
Falsifying, publishing, or altering specific documents
To be guilty of this type of forgery, you can commit this offense in two different ways. One is when you falsify, counterfeit, or alter specific documents. Most of these documents relate to property or money rights. Two, you submit or publish a particular document as a genuine copy while you have altered, forged, or faked the document. Some of these documents include:
- Checks.
- Promissory notes.
- Money orders.
- Lottery tickets.
- Traveler's checks.
- Stock certificates.
- Property deeds.
- Contracts.
- Real estate leases.
- Mortgage documents.
Example: Jayne operates an insurance scam targeting accident victims. She finds Drake, an elderly accident victim who is having trouble following their insurance claim. Jayne offers to assist Drake in receiving his compensation and has him sign several documents. She does not explain to Drake what he is signing. Drake inadvertently signs over his home's title deed to Jayne. Even though Jayne did not sign or copy Drake's signature, she committed fraudulent actions that resulted in deceptive signing. In this case, Jayne will be criminally liable for committing a fraudulent action against Drake.
Aiding Or Abetting Forgery in California
It is illegal to help someone commit forgery in California. You will face the law under aiding and abetting when you help someone commit a forgery offense. It takes considerable skill and sophisticated technology to pull off a forgery offense. The state recognizes that forgery offenses involve more than one person. Therefore, to curb these connections and punish those assuming a person to commit forgery, the state uses aiding and abetting forgery offenses in California.
You do not necessarily have to forge a document in California to face aiding and abetting charges. All you have to do is:
- Help someone commit a forgery offense.
- Know that someone intended to commit a forgery offense.
- Encourage someone to commit a forgery offense.
- Intend to help someone commit a forgery offense.
Legal Defenses Against Forgery Charges
Due to the severity of a forgery conviction, you should hire a defense team to ensure that the court dismisses or drops your charges. Some of the most common defenses include:
You had No Intention To Defraud
For the court to convict you of a forgery offense, the prosecution must prove that you intended to defraud another person. You can use this defense to prove that you did not intend to defraud the other person. For example, if you are an employee at a particular company and following your employer's orders. In that case, you may sign a legal document if you are an employee at a particular company. You may think you have the legal authority since your employer asked you to. Sometimes you may sign your employer's name thinking that it is what they would want. However, the reason does not matter as to why you computed the act. You need a dedicated attorney to prove to the court that you had no intention to defraud the other party.
False Accusations
You will find that most PC 470 forgery cases arise due to complex legal and business deals. Sometimes you may face forgery charges resulting from false accusations by your colleagues at your workplace. Your colleagues may falsely accuse you of covering up their guilt.
In other instances, your workmate may make a mistake and blame it on you. If this is your situation, you should engage the services of a criminal attorney who will be able to uncover the truth and help you in clearing your name from these charges.
The Document Has No Legal Value
You can not violate Penal Code 470 if the documents forged, altered, or changed do not have legal value. When a document has no legal value, it can not deprive someone of their legal rights. In most cases, legal rights involve property or money. You can not violate PC 470 when the documents have no legal value. Therefore, you can not be convicted under the law when you photo-shop your friend's picture or if you create a fake recommendation letter as a joke.
You Confessed Under Duress
You can use this defense when you face forgery charges due to your confession. Under the law, law enforcement agencies should not use overbearing techniques to make someone confess.
If you can show that the law enforcement agencies like the police made you confess under duress. If the police made you confess, the judge might have the prosecution remove your confession as evidence. Also, a judge may dismiss your case if the police coerced you into confessing to an offense you did not commit.
The Document Does Not Have Your Handwriting
Most forgery cases require the services of a handwriting expert. A handwriting expert can help clear your name if they establish that the document does not have your handwriting. This will indicate that you did not alter or sign the document in question.
When building a forgery case, the prosecution relies heavily on the testimony of handwriting experts. When you hire a defense attorney, they will use handwriting experts who will counter the testimony of other handwriting experts brought by the prosecution. Although the evidence of a handwriting expert plays a significant role as it provides the prosecution with solid evidence against you, you should note that their opinion and testimony are not final.
California's law allows and also disallows expert opinion in different situations. With the help of an experienced criminal defense attorney, they can work hard to ensure that no inadmissible evidence is admitted in court.
California PC 470 Penalties for Forgery Offenses
California PC treats forgery as a wobbler offense, which means that the prosecution can either charge it as a misdemeanor or felony, depending on the circumstances surrounding the case and your criminal history.
Misdemeanor Penalties
The prosecution will charge you with a misdemeanor offense if the following holds in your case:
- Forging a document representing monetary value like money order, bond, check, bank bill, traveler's check, cashier's check, or a similar instrument.
- The forged document is worth no more than $950.
- If you are acquitted of an identity theft offense, and
- If you have not been convicted for a serious sex crime or violent felonies.
If the prosecution charges you with a misdemeanor offense, your conviction could lead to:
- Imprisonment in county jail for a period that does not exceed one year.
- Payment of fines that do not exceed $1,000.
- Summary or misdemeanor probation.
- Pay restitution to the victims.
Felony Penalties
If the prosecution charges you with a felony offense, then your convictions could result in the following punishments:
- County jail Imprisonment for a period that does not exceed three years.
- Payment of fines that do not exceed $10,000.
- Formal or felony probation.
- Pay victim restitution.
Penal Code 470 Diversion Programs
A diversion program will allow you to bypass criminal penalties if you meet some conditions. However, these diversion programs are not available in all counties. For instance, in Los Angeles County, you can follow their Bad Check Diversion Program. For you to benefit from this program, you will have to meet the following requirements:
- Pay victim restitution in full. This entails you will pay back all the money the victim lost and any damages they might have suffered.
- Make time to attend an Intervention class.
Effects of A Forgery Conviction on Your Immigration Status
California treats forgery as a crime that involves moral turpitude. A crime involving moral turpitude usually harms non-citizens as it can result in their:
- Deportation,
- have the immigration department mark them as inadmissible.
Can You Have Your Forgery Conviction Expunged in California?
Yes, you can have your forgery conviction expunged in California. Since a forgery conviction will taint your name and give you a criminal record, you can have this history erased or deleted. This will ensure that your criminal record will not come up if a potential employer conducts a background check on you.
You can apply for expungement of your records when:
- You have completed your probation.
- You have completed your imprisonment.
Effects Of Forgery Conviction on Your Gun Rights
A forgery conviction will hurt your gun rights. Under the law, it is illegal in California for a convicted felon to own or possess a gun. Since forgery is a wobbler offense, with the prosecution charging it as either misdemeanor or felony, you may end up with a felony conviction. A felony conviction will negatively affect your gun rights.
California Statute of Limitations For Forgery Offenses
A statute of limitations is when a person or the prosecution can bring forgery charges against you. The statute of limitations for a forgery offense depends on the type of offense the prosecution charges against you. If the prosecutor charges you for a misdemeanor offense, the statute of limitation is one year from when you are alleged to have committed the crime. If, on the other hand, the prosecution charges you for a felony offense, then they have up to four years from the time you are alleged to have committed the crime to bring charges against you.
Related Offenses
Several criminal offenses are related to forgery. The court may sometimes try these offenses alongside Penal Code 470. These offenses include and are not limited to:
California PC 484f Debit or Credit Card Fraud
The law under California PC 484f makes it illegal to alter counterfeit credit cards. Penal Code 484f also prohibits the signing or forging of signatures under a fictitious name. Penal Code 484f is similar to Penal Code 470 in that both punish individuals who commit fraudulent actions.
Debit or credit card fraud is a wobbler offense in California. If the prosecution charges you with a misdemeanor offense. In that case, a conviction will land you in jail for a period not exceeding one year, while a felony conviction will result in three years imprisonment.
California PC 476 Check Fraud
Penal Code 476 prohibits you from possessing, using, or making a bad check. Under this law, the prosecution will have to prove that you had the intention to defraud someone else by passing off the bad check as a genuine one and that you were aware the check was bad.
The court usually charges you for check fraud with forgery as these two crimes share the same elements. Check fraud is also a wobbler offense, meaning the prosecution can decide to charge you with either a misdemeanor or felony offense.
A misdemeanor conviction will result in the following sentencing:
- Imprisonment in county jail for a period that does not exceed one year.
- Payment of fines that do not exceed $1,000.
- Summary or misdemeanor probation.
- Pay restitution to the victims.
While a felony conviction will result in the following sentencing:
- Imprisonment in county jail for a period that does not exceed three years.
- Payment of fines that do not exceed $10,000.
- Formal or felony probation.
- Pay victim restitution.
California PC 476(a) Bad Checks
California prohibits the writing or using a bad check while aware that the bank will not clear it. This offense is similar to forgery because the law requires you to have an intention to defraud another person. Bad checks offense is usually charged alongside forgery as both charges share the exact requirements.
Penalties for bad check charges
The crime of passing a bad check as a genuine one is a wobbler offense in California. If the prosecution charges you with a misdemeanor offense, then your conviction will lead to:
- Imprisonment in county jail that does not exceed one year.
- Payment of a maximum of $1,000 in fines.
- Paying victim restitution.
You should note that facing misdemeanor charges, the check had to be under $450, and you should not have a history of a penal code 476a conviction. Additionally, you should not have a prior conviction for the following offenses in California:
- Forgery under California PC 470.
- Grand theft under PC 487.
- Petty theft under PC 484.
- Check fraud under PC 476
- Any forgery or counterfeit offense.
If the prosecution charges you with a felony offense, a conviction will result in:
- Imprisonment in state prison that does not exceed three years.
- Payment of $10,000 in fines
- Pay full victim restitution.
Contact A Santa Ana Forgery Attorney Near Me
Facing forgery charges in Santa Ana can be a traumatizing experience that may surprise you. You will need your wits and the assistance of a great defense team to counter these charges. At California Criminal Lawyer Group, our team of attorneys will dedicate their time to ensuring you obtain the best possible outcome. If you have any questions, kindly call us at 714-844-4151, and we will answer them.
