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California Penal Code Section 470 PC: Forgery
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California Penal Code Section 470 PC: Forgery
Forgery under California Penal Code Section 470 PC, is a white collar crime that involves falsifying a signature or seal or counterfeiting documents as part of a fraud scheme. A forgery offense can be committed in a few different ways:
- By signing someone else’s name without the other person’s authority (California Penal Code Section 470(a) PC)
- By counterfeiting or forging another person’s handwriting or seal on a document (California Penal Code Section 470(b) PC)
- By altering, corrupting, or falsifying certain types of documents like wills, deeds, promissory notes, etc. (California Penal Code Section 470(d) PC)
Some of the documents covered under this law include:
- Wills
- Deeds
- Promissory notes
- Leases on real property
- Contracts
- And other items listed in the statute
To prove that the defendant committed forgery, a prosecutor must be able to establish that:
- The defendant committed one of the forgery acts listed above
- He or she acted with the specific intent to defraud someone else or an institution
Other similar or related offenses include:
- Credit Card Fraud – California Penal Code Section 484f PC
- Identity Theft – California Penal Code Section 530.5 PC
- Counterfeiting – California Penal Code Section 472 PC
While forgery and identity theft have some overlap, identity theft requires the additional element of actually using someone else’s personal identifying information for an unlawful purpose. Forgery is focused more narrowly on falsifying signatures and documents.
Penalties
Forgery under PC 470 is a wobbler offense in California. This means it can be charged as either a misdemeanor or a felony, at the prosecutor’s discretion.
If charged as a misdemeanor, the potential penalties include:
- Up to 1 year in county jail
- A fine of up to $1,000
- Informal probation
If charged as a felony, the potential penalties include:
- 16 months, 2 years or 3 years in state prison
- A fine of up to $10,000
- Formal probation
In addition to the criminal penalties, a conviction will also result in a criminal record that can affect future employment opportunities and professional licensing.
Legal Defenses
There are several legal defenses that a California criminal defense lawyer could use to contest forgery charges, including:
- Lack of intent – If the prosecution cannot prove you had any intent to defraud, this is a valid defense. For example, signing someone’s name with their permission or without realizing it is illegal.
- Authorized use – If the owner of the signature or document gave you permission to sign or alter it, then it is not technically forgery.
- Mistake of fact – You had a genuinely mistaken belief that you had authority to sign the document or that the document was not real.
- Duress – You were forced to commit the forgery through threats of violence or harm by another person.
An experienced criminal defense attorney can evaluate the details of your case and develop the strongest defense strategy possible.
Forgery Laws by State
Most states have laws prohibiting various forms of forgery, counterfeiting, and falsifying documents. Here are some examples of forgery statutes in other states:
- Texas – Texas Penal Code Section 32.21 defines the crime of forgery. It can be charged as either a misdemeanor or felony offense.
- Florida – Florida Statute 831.01 prohibits forgery of bank bills, checks, drafts, or promissory notes. Other forgery crimes are covered under other statutes.
- New York – New York Penal Law Section 170.05 prohibits forgery of written instruments like deeds, wills, contracts, credit cards, etc. It is a felony offense.
- Illinois – Illinois Compiled Statutes Chapter 720, Section 5/17-3 defines the state’s forgery laws. Penalties vary based on the value of the forged instrument.
While the specific acts and penalties prohibited under forgery laws vary by state, most share the core elements of falsifying signatures, documents, financial instruments, etc. with the intent to defraud or deceive.
Recent California Forgery Cases
Here are some recent real-world examples of forgery charges and convictions in California:
- In 2020, a Fresno man was charged with 34 counts of forgery for allegedly falsifying signatures on various campaign nomination documents. He faces over 6 years in prison if convicted.
- In 2019, a Sacramento pastor was convicted of forgery and identity theft for filing false deeds and liens against members of his church. He was sentenced to over 4 years in prison.
- In 2018, a Los Angeles woman pleaded no contest to forgery after forging her father’s signature on checks and stealing over $93,000 from his bank account while he was hospitalized.
Hiring an Attorney
Being charged with forgery can have severe consequences for your freedom, finances, and future. An experienced California criminal defense lawyer can help by:
- Conducting a thorough investigation of your case
- Identifying any police misconduct or holes in the prosecution’s case
- Negotiating with the prosecutor for reduced charges or dismissal
- Presenting persuasive legal defenses on your behalf
- Representing you in court hearings and at trial if necessary
Before discussing your case with any law enforcement, be sure to consult with a defense attorney first. An attorney can advise you on building the strongest defense and avoiding incriminating statements.
The Bottom Line
Forgery charges should always be taken seriously. An aggressive defense is essential to avoiding harsh penalties that can disrupt your life. With an experienced attorney guiding you, it is possible to contest the charges and work toward the most favorable resolution in your California forgery case.