LA Criminal Attorney Explains CA Forgery Laws

FORGERY DEFINED
Forgery is a broadly defined criminal offense, that often reaches far beyond what most people consider to be forgery.  Forgery does not necessarily involve imitating another person's signature.  Penal Code Section 470 defines California's forgery laws.  Essentially, someone is guilty of forgery in California if they knowingly do ANY of the following, with the intent to commit fraud:  sign another person's name, fake another person's handwriting, fake a seal, change or falsify any legal document, falsifying checks or other bank notes.  It is important to keep in mind that the government must prove the intent to defraud someone.  More theft offenses

EXAMPLES OF FORGERY
Some examples of forgery include: a forged doctor's prescription, a forged check, a bad check (knowing there is not enough money in the account), writing or modifying a will without authorization, possession of a fake ID and forging lottery tickets.

DEFENSES TO FORGERY (other common defenses to crimes)
Lack of Intent to defraud:  Typically, the most difficult element to prove in a forgery case is intent.  Perhaps the most important aspect of protecting this defense is not to make any statements to law enforcement.  You should always ask to speak to an attorney when questioned by law enforcement, and having your attorney represent to the officer that they cannot question you without the attorney present.  Misunderstandings can easily lead to suspicion of forgery and may nonetheless lead to criminal charges.  Asserting this defense takes a strong grasp of the law, intelligence and criminal law experience.

POSSIBLE PENALTIES IN A FORGERY CASE
Forgery:  Generally speaking, forgery is a "wobbler" in California, meaning that the prosecution can elect to file a case as a felony OR as a misdemeanor.  As a misdemeanor, forgery is punishable by up to a year in county jail, 5 years of probation and a $1000 fine.  As a felony, it is punishable by up to 3 years of incarceration and a possible $10,000 fine.

Forgery of a check under $950:  Pursuant to Prop 47, most theft-related offenses valued below $950 are now misdemeanors.  While this would not include a robbery, for example, forgery of a check valued below $950 is a misdemeanor.  Accordingly, it is punishable by up to 1 year in county jail, up to 5 years of probation and a $1000 fine.  note:  certain violent felony prior convictions will disqualify a defendant for Prop 47 relief.

False accusations & mistaken identity:  Due to the complexity of many forgery crimes, it is not uncommon for law enforcement to be mistaken as to the actual perpetrator or for the actual perpetrator to deflect blame onto an innocent person.   Rebutting a false accusation or mistake of identity can be done by alibi, use of a handwriting expert, or thorough investigation revealing the truth.

Lack of fraud:  This is where the legal definition of forgery is actually narrower than the common-use definition.  "Forging" a letter as a joke or a fake character/reference letter are probably not forgery under California law.

RELATED OFFENSES
Some related offenses include:  PC 484f makes it a crime to, with intent to defraud:  alter an existing credit card, make a counterfeit credit card, or forge the signature of someone else or of a fictional person on a credit card payment form.  PC 476 makes it illegal to knowingly make, pass, or possess a fake or altered check, with intent to defraud, by representing the check as genuine.  Forging government documents, including fake IDs, fake birth certificates is also very serious and can be charged as perjury, a straight felony under California law (PC 118).  Forging or altering a doctor's prescription is also a "wobbler" punishable by up to three years as a felony (Business and Professions Code 4324).

Los Angeles law enforcement agencies and prosecuting attorneys taking forgery, fraud, and identity theft crimes very seriously.  For years, criminals were light years ahead of most local law enforcement agencies, and were very difficult to catch.  Eventually, the FBI and other federal departments began to improve fraud detection.  Improvements in technology mean that this battle is an ever-changing game of chess.  Just as law enforcement officers start to catch on to particular patterns of forgery or theft crimes, innovators discover knew ways to go undetected.  This sophistication requires an intelligent attorney, well-versed in the law.  Whether your case goes to trial, settles, is dismissed via motion or at preliminary hearing, you need a knowledgeable Los Angeles Criminal Defense Attorney on your side to fight for the best possible outcome.  If you or a loved one has been arrested or charged with forgery or other California theft offenses, call the Law Offices of Nicholas Loncar now for a free consultation.