Forgery involves creating, counterfeiting, altering, or issuing counterfeit documents to deceive users of the document in question. Penal Code Section 470 deals with forgery in California and addresses almost all forgery-related crimes. These include forging another person’s signature, altering a check, forging a contract, and any legal document. If you intend to deceive someone by creating or altering a document to gain some advantage or to the prejudice of another, then you have committed forgery.

Forgeries have a profound adverse effect on people and businesses. They could result in lost assets, revenues, and profits, adversely impacting the business’s reputation and exposing it to legal problems. This is why the prosecution is aggressive when pursuing a conviction. The penalties also explain the severity of the offense. Forgery is a “wobbler” offense, which means that depending on the case's circumstances and the offense's nature and severity, prosecutors can pursue misdemeanor or felony charges. If you are facing forgery charges, we at Monterey Criminal Attorney can help defend you.

Forgery Charges Under California Law

According to Penal Code Section 470, forgery entails the signing or altering of a document, counterfeiting a document, or making a fake document, and the individual does so with the intent of fraud. Here is what constitutes forgery under this law:

  • Signing without authority — You commit forgery if you sign in another person’s or a fictitious name to any legal document without that person’s permission.

  • Counterfeiting or forging seals and handwriting — You also commit forgery when you imitate another person’s seal or handwriting with the view of defrauding someone.

  • Altering or falsifying legal records — You commit forgery if you alter, corrupt, or falsify and make any entry in any wills, codicils, conveyances, or any other document the law recognizes as a document that can be used in court, including judgments.

  • Falsifying and using forged documents — You commit forgery if you make, alter, forge, or counterfeit any of the following items and then use, publish, pass, or attempt to pass them as genuine, knowing they are false:

  1. Checks, bank bills, bonds, or notes

  2. Post notes, drafts, and controller’s warrants for treasury payments

  3. Cashier’s checks, money orders, traveler’s checks

  4. County warrants, orders, or requests for money payment

  5. Contracts, passage tickets, due bills, lottery tickets

  6. Receipts for money or goods, promissory notes, bills of exchange,

  7. Powers of attorney, trading stamps, certificates of vehicle or vessel ownership

  8. Stock certificates, instruments of writing, delivery orders for goods,

  9. Property transfers, debt discharges, acknowledgments of notaries, public

  • Proof of forgery — Prosecutors do not have to prove the incorporation of a bank or company by charter to prove the forgery of their bills or notes. Often, prosecutors will use the intuition’s general reputation or evidence of an expert to show that the bill or note was forged or counterfeited.

What Prosecutors Must Prove in a Forgery Case

In forgery cases, there are crucial elements that the prosecution must prove beyond a reasonable doubt to secure a conviction. They need to show:

You Forged a Document or Used One

Creating a false document means drafting a document that looks real. However, the information in the document is false. This is when you counterfeit a check and then attempt to cash it as genuine. On the other hand, modifying an existing document occurs when you alter or edit a genuine document so that the change makes the document appear genuine. It might involve changing a figure on the genuine check or changing some contract clauses to deceive others.

Forgery of signatures also amounts to forging a document. This means putting another person’s name and signature, or a fictitious name or signature, on a document without authorization.

An Intention to Defraud

Prosecutors bear the burden of proving that you intended to deceive or perpetrate fraud on someone, whether or not the actual victim was defrauded of his/her money or property. To demonstrate your intent, prosecutors will present various forms of evidence, including:

  • Demonstrating that you made or used a fake document to defraud an individual. For example, if you attempt to pass a forged check to acquire some goods or services, this can be used to prove your intention to perpetrate fraud. Prosecutors could also introduce emails or messages as evidence of your conversations that point to your intent to defraud another.

  • The prosecution could also provide evidence that the forgery was done to gain some monetary benefit. For example, evidence of your loan application using a fake document is an example.

You Lacked Authorization

Prosecutors must prove that you lacked authorization and were aware of this. They need to prove two crucial points:

  • That you did not have permission to complete the document and

  • That you knew you lacked authorization.

Prosecutors must show you did not have the legal right to create, alter, or use the document. It must be clear that you forged a signature, proving you did not have the authorization to sign in the person’s name. This evidence is crucial because forgery involves acting outside of authorized power or permission.

Moreover, prosecutors need to demonstrate that you knew you lacked this authority. They must show that you understood that you were acting without proper authorization or were fully aware of your unauthorized status.

Prosecutors could introduce testimonies or documents revealing your awareness of your lack of authority as evidence.

Statute of Limitations in Forgery Cases

Depending on whether the conduct is considered a felony or a misdemeanor, there are different deadlines for filing accusations of forgery. Prosecutors must bring charges for misdemeanor forgery within a year of the alleged incident. The statute of limitations for felony forgery charges is three years.

Potential Penalties

In California, forgery is considered a “wobbler," meaning it can be charged as a misdemeanor or felony. Prosecutors' decisions depend on:

  • The details of the crime committed — Prosecutors will likely pursue felony charges if aggravating factors exist.

  • Your criminal history — If you have past offenses, especially similar crimes or other felonies, you could face felony forgery charges.

  • The number of victims — You will face felony charges if several people suffered on account of your actions and

  • The losses incurred — The higher the losses, the greater the possibility of facing felony charges

If you are charged with forgery as a misdemeanor, you could face:

  • One year in the county jail.

  • Fines of up to $1,000.

  • Informal probation of up to three years, with the possibility of serving community service, among other probation terms

Felony forgery, however, attracts even heavier penalties than a misdemeanor forgery conviction. Hence, you could be required to:

  • Serve an imprisonment term in state prison for two to three years.

  • Pay a fine of up to $10,000.

  • Compensate the victims.

  • Serve a formal or felony probation term for up to five years.

Certain factors can increase the penalties. These include:

  • Targeting disaster victims.

  • Involving multiple victims.

  • Committing forgery to benefit a street gang, or

  • Causing financial losses over $100,000 or $500,000.

How a Criminal Defense Attorney Can Defend You in a Forgery Case

An experienced criminal defense attorney can assist you in formulating a good defense for the forgery case. He/she will look at the case and scrutinize every detail, all the evidence, and all the circumstances of your case. From this, he/she will develop a defense strategy best suited for your case.

Note: Your attorney can also bargain with the prosecutors to possibly lessen charges or consider other forms of sentencing.

The following are some of the defenses your attorney could use:

You Did Not Have Any Intention to Defraud

The intent to defraud is often a significant challenge for the prosecutor to establish. They must prove that you intended to deceive someone. You can use this as a defense if they fail to provide strong evidence of this intent.

You can argue that you lacked the intent to defraud by claiming that you possessed the forged document without being involved in its creation or alteration. For instance, if you received or found the document without knowing it was fake, you can demonstrate that you did not participate in the forgery.

This defense focuses on showing that you were not trying to deceive anyone.

If you did not know the document was forged, your attorney can argue that you lacked the necessary knowledge required for a forgery conviction. This argument is crucial if you used the document in good faith, believing it is authentic. Highlighting your lack of awareness can challenge the prosecution’s claim that you intended to defraud.

Additionally, suppose circumstances like pressure or being misled by someone else influenced your involvement with the forged document. In that case, your attorney can use this context to argue that you did not have the fraudulent intent required for forgery.

You Were Forced to Commit the Forgery

You can claim that someone threatened you to engage in the forgery. The court will expect you to demonstrate that you were forced to commit the act due to threats and that you could have suffered harm if you had not complied. Thus, to challenge the prosecution’s stance, it is possible to show that there was no reasonable choice but to commit the forgery to avoid serious injury or death.

This defense is only viable when the threat is real and close at hand. You must demonstrate that the danger was imminent and that the harm you suffered was grievous enough to nullify your free will. Furthermore, you must persuade the jury that anyone in your shoes would have acted as you did.

Moreover, you must substantiate your claim that you could not avoid the situation or forge the document given the circumstances. In response, your attorney will emphasize the threat's immediateness and lack of viable alternatives. This will demonstrate that your actions were not voluntary but coerced.

You must substantiate your claims with relevant documentation as evidence. You can offer witness statements from those who saw threats. Tangible evidence, including recorded threats or messages, can significantly help your case. Expert opinion on the effects of threats and coercion on the mind can be brought to support your case.

You Had No Reason to Believe the Document Was Forged

Another viable defense you can raise is a lack of guilty knowledge. You can insist that you did not have probable cause to know that the document you used was forged. This defense can hang the prosecution because it proposes that you had no idea the document was forged. When you prove that you were unaware of the forgery, you remove one of the essential components if the prosecutor is to prove your guilt.

For this defense to work, you must prove that you were unaware that the document was forged. Show that you honored the document in good faith or that it looked genuine. You can also insist that there were no apparent signs of forgery. This shifts the burden to the prosecution. They are expected to prove that you have a fake document.

Your attorney can build upon this defense by highlighting the document's authenticity. He/she could present expert analysis, stating that the document passed as genuine from a professional point of view since it contained no evident signs of being fake. Even if specialists discover some flaws, they might not be distinct and could be concealed. Testimonies from individuals or entities who provided the document could help show you had no reason to doubt its validity.

Your attorney can demonstrate that you acted in good faith. They could testify that you received the document from a reliable source, making it reasonable for you to trust its authenticity. This can involve presenting other proof of the identity of the entity who presented that document, showing you could not have any reason to disbelieve in it.

Your lawyer can also state that you had no reason to doubt the document's authenticity. He/she can offer evidence that you complied with procedures or practices that a reasonable employee in a similar position would have complied with. Witness testimonies from people who interacted with you regarding the document can further support your defense. They can affirm that you genuinely believe in its legitimacy.

You Were Falsely Accused

If you were falsely accused, your lawyer will carry out thorough investigations. If you have blown the whistle or reported issues or misconduct within your company, your attorney can claim that revenge was the motivation for the allegations. To support this assertion, he/she will present documents, including internal emails, records of other employees’ statements, and records of your previous complaints.

Your attorney will also determine whether the allegations are made to shift blame from the actual perpetrator. They will examine the case details to find any signs of manipulation. This could mean uncovering information about your accuser’s background and looking into possible connections to other suspects. He/she can also identify inconsistencies that suggest that someone else is likely behind the crime.

Your attorney will gather and produce facts that will negate or weaken the forgery allegations. They will interview the witnesses, review the relevant documents, and seek the assistance of professionals to build a strong case.

Your Confession Was Coerced

In cases where you were compelled to admit to forgery, your lawyer will demonstrate how this influenced the confession. Your attorney will thoroughly investigate whether coercion influenced your case. Your attorney will look for indications of coercion in the questioning records to develop this defense. He/she will look for instances of forced questioning, protracted questioning without rest periods, or similar actions.

Obtaining witness statements from others who witnessed the questioning or being aware of the situation is also essential. Testimonies from loved ones, friends, or other prisoners can attest to the oppressive atmosphere and strain you went through.

Physical evidence will be very important. Your lawyer will review medical records to look for signs of excessive stress or psychiatric evaluations suggesting harm caused by threats. They might also confer with specialists in interrogation techniques to ascertain whether the methods used were likely to produce a coerced confession.

Furthermore, your lawyer will carefully review any correspondence, including emails and texts, for any indications of coercive measures or threats. These documents may offer verifiable proof of inappropriate behavior.

Your lawyer could submit a motion to suppress your confession if they find evidence of improper behavior by the police or rights violations. The grounds for this motion may include misbehavior, like using excessive force, making threats, or neglecting to issue legal warnings. It will significantly strengthen your case if you can successfully keep the confession out of the evidence.

The Alleged Victim Consented

This defense requires demonstrating that the alleged victim permitted you to use their name or other personal information on the document. You can refute the prosecution's allegation that you acted with fraudulent purpose if you can provide evidence of this consent. This evidence could consist of:

  • Written or verbal communication — Present sent texts, emails, or audio recordings of discussions to which the victim consented. These ought to demonstrate unequivocally that the victim approved of or knew their name was being used on the paper.

  • Documentation — Alternatively, you can present official records or documents that attest to the victim's consent, including signed contracts or written authorizations. These records must expressly include the victim's consent and the circumstances surrounding the use of the documents.

This evidence will show that you had no intention of misleading or defrauding. Since forgery requires fraudulent intent, you can refute the accusation that you acted intending to commit fraud by demonstrating the victim's agreement.

Should I Be Worried About My Citizenship Status if Convicted?

Forgery is one of the crimes involving moral turpitude. You can have serious immigration repercussions if found guilty. A conviction for forgery might result in deportation and prevent you from entering the country.

These offenses demonstrate a lack of moral integrity. Therefore, if you are not a citizen of the United States, a conviction for forgery could result in your expulsion from the nation and a ban on your ability to return. Your immigration status and the particulars of your case will determine the impact.

Does a Conviction Affect My Gun Rights?

A felony forgery conviction can significantly impact your Second Amendment rights. Usually, a conviction means that you are no longer allowed to own, purchase, or carry a handgun. This limitation applies for the entirety of your sentence and, in many situations, indefinitely.

California law limits criminal offenders' access to firearms to increase public safety and lower the likelihood of repeat offenses. Getting your handgun privileges back will be difficult even after serving your time. Based on your situation and state regulations, you may need to navigate a complex legal process, such as petitioning the court or applying for a pardon.

Crimes Related to Forgery

There's a close relationship between forgery and other white-collar crimes you may encounter:

  • Credit card fraud — According to Penal Code 484f, you commit fraud if you use someone else's credit card details without their consent. Like forgery, this crime depends on deception to reap financial rewards.

  • Check fraud — Per Penal Code 476, check fraud is the act of making, utilizing, or modifying checks in an unauthorized manner. This frequently involves misrepresenting documents to steal money, which is similar to forgery.

  • Producing or distributing counterfeit items — Penal Code 350 makes it an offense to create or disseminate counterfeit items while deceiving others about their genuine nature.

Find a Criminal Defense Attorney Near Me

A conviction for forgery carries severe consequences that can impact your life. Considering the seriousness of these consequences, presenting a strong defense requires the engagement of an experienced lawyer. An attorney can thoroughly examine your case, develop a compelling defense, and work to lessen or prevent fines.

The outcome of your case will largely depend on the specifics of your situation. These include the nature of the alleged forgery, the evidence presented, and any mitigating factors. Speaking with an attorney can help you determine the best course of action by giving you a comprehensive assessment of your circumstances. Getting legal advice guarantees that you are ready to handle the accusations and strive for the most favorable outcome. Call the Monterey Criminal Attorney team at 831-574-1791 for more information.