As outlined in Penal Code 470, forgery revolves around the intent to deceive or defraud. While most forgery cases result from deliberate attempts to falsify documents or signatures for personal gain, not all instances of forgery are rooted in malevolent intentions. In some cases, individuals could find themselves inadvertently entangled in forgery charges due to errors or mistakes in document handling.

You thus need to engage the services of an experienced criminal defense attorney to help you challenge the forgery charges. Forgery cases can be legally complex and could result in serious legal complications, including fines and imprisonment. The Fresno team at California Criminal Lawyer Group is ready to assess your case and develop a winning strategy. Get in touch with us for assistance.

Understanding Forgery

Forgery occurs when people craft, replicate, or modify various forms of documents, objects, or financial instruments deliberately intending to defraud. These individuals falsely represent a document or product to secure unjust advantages or perpetrate criminal acts. Forgeries span numerous categories:

  • Document forgery — It entails the fabrication or alteration of documents like checks, contracts, wills, passports, or identification cards, often involving the forging of signatures.
  • Art forgery — This crime relates to producing imitative copies of renowned artworks presented as genuine originals.
  • Currency forgery — This is the unlawful replication of money or monetary units. It involves the manufacture of counterfeit bills or coins aimed at imitating authentic currency for illicit transactions.
  • Signature forgery — This form revolves around the counterfeit replication of someone's signature on various documents, checks, or written consents.
  • Forgery of products — This practice involves crafting counterfeit or imitation merchandise designed to closely resemble authentic products, often triggering trademark and copyright infringement issues.
  • Digital forgery — Forgery in the digital space has adapted to the technological era. It involves activities like photo manipulation and the generation of counterfeit online profiles and documents, perpetrating deception in the virtual space.

Per the definition of forgery under PC 470, the law primarily addresses the forgery of legal documents. This law provides a comprehensive framework for addressing forgery. The law has vital provisions:

Signing the Name of Another

PC 470(a) stipulates that individuals who knowingly sign the name of another person, whether actual or fictitious, on specific documents with the intent to deceive commit the act of forgery. The emphasis is placed on the crucial elements of fraudulent intent and unauthorized signatures.

Counterfeiting or Forging Seals or Handwriting

Subsection (b) makes it a crime to forge or counterfeit seals or handwriting belonging to another person. It underscores that forgery must be accompanied by fraudulent intent.

Altering Records and Instruments

Subsection (c) deals with the falsification of records, including:

  1. Conveyances, documents that transfer title or ownership of real property.
  2. Wills.
  3. Court judgments, and
  4. Law enforcement officers’ reports.

It underscores the seriousness of altering or falsifying these legal documents and records, reiterating the requirement of fraudulent intent.

Falsifying Various Financial and Legal Instruments

PC 470(d) expands upon the diverse array of financial and legal instruments that constitute acts of forgery when falsely produced, altered, forged, or counterfeited. These financial instruments include:

  1. Bonds.
  2. Checks.
  3. Bonds,
  4. Money orders.
  5. Bank bills, and
  6. Power of attorney documents, among others.

The common thread is the indispensable presence of fraudulent intent in these offenses.

Proof of Forgery of Bills or Notes

Subsection (e) simplifies establishing forgery concerning bills or notes associated with incorporated companies or banks. It specifies that formal documentation of incorporation need not be provided in court but can be substantiated through general reputation. Additionally, expert witnesses are granted the authority to testify regarding the authenticity of the bills or notes.

Intent to Commit Fraud

Prosecutors must establish that you intended to commit fraud. This requirement is consistent with the nature of the crime, which involves deceptive actions. Your intention is evident when you engage in the following activities:

  • You either created a false document or modified an existing one with the clear intention to deceive or commit fraud.
  • You presented or attempted to present the forged document as if it were genuine, to deceive others and potentially gain something valuable, for example, money or property.
  • You knew the document you used was false, altered, forged, or counterfeit.

Proving intent in a forgery case can be challenging. It requires demonstrating your state of mind during the alleged offense. Prosecutors could use various types of evidence to establish this intent, including:

  • Circumstantial evidence — This type of evidence indirectly suggests your intent to defraud based on your actions, statements, or the surrounding circumstances at the time of the forgery.
  • Witness testimonies — Statements from witnesses who can offer insights into your intentions or knowledge when the offense occurred.
  • Document analysis — Expert testimony or forensic examination of the document in question can demonstrate its fraudulent nature and that you knowingly altered or forged it.

If the intent to defraud cannot be proven, the prosecution's case will not succeed.

Note: You could be found to have the intent to commit fraud even if:

  • No one falls victim to the deception — In other words, the mere intention to defraud is sufficient to establish the criminal offense, regardless of whether anyone is deceived.
  • No one suffers a financial, legal, or property loss — The absence of actual harm or loss to any individual does not negate the presence of intent to commit fraud. The law considers your intention behind the action rather than the real consequences.

Statute of Limitations for Forgery Cases

In California, the statute of limitations for forgery cases varies based on the nature of the forgery and whether it is a misdemeanor or a felony.

For felony forgery, the statute of limitations is typically set at four years from the date of the alleged offense. This grants prosecutors a four-year window from the date of the purported forgery to initiate charges. The date runs from when the crime was discovered or when you allegedly committed the crime, whichever is later.

For misdemeanor forgery cases, the statute of limitations usually spans one year. In this scenario, charges must be filed within one year of the alleged offense.

Defenses You Can Assert

Forgery cases can be contested using various defenses. You can employ multiple defense strategies to challenge the allegations and safeguard your rights when facing forgery charges. Common defense strategies in forgery cases include:

  1. You Had No Intent to Defraud

In a forgery case, proving that you had no intention to deceive or defraud and that any actions were unintentional or a result of misunderstandings is a compelling defense. You must present concrete evidence that supports the absence of fraudulent intent, like documented communications.

You can argue that your actions were part of legitimate and lawful activities unrelated to fraudulent purposes. Here are examples supporting this defense:

  • Demonstrating that the document was a legitimate part of a business deal or agreement with no fraudulent motives.
  • Showing that any alterations or discrepancies on the document were unintentional, arising from typographical errors or clerical oversights.
  • Providing evidence of explicit authorization or permission for your use of the document.
  • Proving that your actions complied with relevant laws and regulations without violating legal standards.
  • Emphasizing your transparency and honesty regarding the document and its purpose without intent to deceive.
  • Clarifying that the document served a legal and legitimate purpose unrelated to fraudulent activities.
  • Arguing that another person was responsible for the forgery and you did not know their actions, asserting your innocence.

  1. You Were Coerced

The defense of being coerced into a confession applies to your situation when you have been charged based on a confession that was obtained through improper means. The law prohibits law enforcement from using oppressive tactics to secure confessions from individuals like you.

If you can demonstrate that the police coerced you into confessing, here are the potential outcomes:

  1. Exclusion of your confession — The judge could decide to exclude your coerced confession from the evidence presented in your case, significantly weakening the prosecution's case against you.
  2. Dismissal of your case — In more severe instances where it is clear that you were pressured into confessing to a crime you did not commit due to coercion, your entire case could be dismissed. This is a measure taken to ensure justice and protect your rights as the accused.

  1. You Were Falsely Accused

In complex business or legal dealings, it is not uncommon for one party to level false accusations against another individual. Their goal is often to gain an advantage in the transaction, whether by influencing negotiations, securing a better position, or tarnishing the accused party's reputation.

These situations typically revolve around various financial and legal documents, necessitating a thorough understanding of the case's specifics. When navigating these scenarios, the defense and prosecution must closely examine the details, contracts, and financial records to substantiate or challenge allegations of forgery.

If you find yourself in a situation where you believe you have been unjustly accused, you can employ the defense of false accusation to counter these allegations. This defense strategy entails presenting evidence that discredits the false claims and sheds light on the motives behind the accuser's actions.

Penalties Upon Conviction

Forgery is a wobbler offense. You can face misdemeanor or felony charges, depending on the facts of the case. You will likely face misdemeanor penalties if:

  • You forged a money order, check, or similar instrument.
  • The value is worth no more than $950.

A conviction will result in misdemeanor or felony penalties.

Misdemeanor penalties include:

  • Summary or misdemeanor probation.
  • A jail sentence of up to one year.
  • A fine not exceeding $1,000.

Felony penalties include:

  • Formal or felony probation.
  • A jail sentence of up to three years.
  • A fine not exceeding $10,000.

Forgery Under Federal Law

There are several federal laws, namely:

  1. 18 U.S.C. § 471

Under 18 U.S.C. § 471, it is a federal offense for an individual intending to defraud to engage in activities like falsely making, forging, counterfeiting, or altering any obligation or other security of the United States. Conviction under this statute can result in penalties that include fines, imprisonment for up to 20 years, or a combination of both.

  1. 18 U.S.C. § 472

18 U.S.C. § 472 addresses the issues of forgery and counterfeiting, specifically concerning certain additional obligations and securities. These provisions encompass forged stamps, postal money orders, and other government securities. A conviction will result in a 20-year prison sentence, fines, or both.

  1. 18 U.S.C. § 473

Under 18 U.S.C. § 473, it is a federal offense for you to be involved in actions connected to forged, false, counterfeited, or altered obligations or other securities of the country. Like all other forgery cases, you should have acted intending to pass, publish, or use the securities as if they were genuine. The penalties for these actions can include fines, imprisonment for a maximum of 20 years, or both, depending on the seriousness of the offense.

  1. 18 U.S.C. § 478

Under Title 18, Section 478, it is a federal offense for individuals within the country who, with the intent to defraud, engage in activities involving the false making, forging, altering, or counterfeiting of bonds, certificates, obligations, or other securities of any foreign government.

These actions entail creating documents that claim to be or imitate securities issued under the authority of that foreign government. This includes Treasury notes, bills, or promises to pay, lawfully issued by the foreign government and intended to be used as currency.

Penalties for violations of this law include a fine, imprisonment for a maximum of 20 years, or a combination of both, with the severity of the punishment depending on the seriousness of the offense.

  1. 18 U.S.C. § 513

18 U.S.C. § 513  addresses various offenses related to securities, financial documents, and legal papers. This includes counterfeiting, forgery, altering, and using these documents for deceptive purposes.

In Section 513(a), the law focuses on individuals who create, use, or possess counterfeited securities issued by a state, political subdivision, or organization. It also covers those who create, use, or possess forged securities of these entities with the intent to deceive others, whether individuals, organizations, or governments. Violating this provision can lead to fines, imprisonment for a maximum of ten years, or both.

Section 513(b) targets individuals engaged in activities involving tools designed for producing counterfeit or forged securities. This includes making, possessing, receiving, selling, or transferring these implements with the intent that they be used for these illegal purposes. Penalties for violations can encompass fines, imprisonment for up to ten years, or both.

Implications of a Conviction on Your Immigration Status and Guns Rights

Forgery in California is classified as a crime involving moral turpitude (CIMT). CIMTs are offenses generally involving dishonesty, fraud, or immoral behavior. Being convicted of CIMTs can significantly impact your immigration status. In some instances, especially those involving grave crimes like forgery, you could face the risk of deportation and being deemed inadmissible in immigration proceedings.

Felony forgery convictions can affect your gun rights. Under federal law, 18 U.S.C. § 922(g)(1), individuals convicted of a felony are generally prohibited from possessing firearms.

In California, the prohibition against firearm possession by individuals with felony convictions is reiterated in Penal Code Section 29800. This state law aligns with federal regulations, which also restrict firearm ownership for those with felony convictions.

Expunging a Forgery  Conviction

You have the potential to have a forgery conviction expunged under specific conditions. Expungement allows you to request that the court set aside your conviction and dismiss the charges against you. However, the possibility of expungement per PC 1203.4 and the process involved depends on several factors. These include the nature of the forgery conviction and your circumstances.

To determine if you qualify for expungement and to initiate the process, you should consider the following key points:

  • You must have successfully finished your probation or jail sentence if it was part of your sentence.
  • You should not face pending criminal charges or serve time for other offenses.
  • Keep in mind that not all convictions are eligible for expungement. Some serious crimes may not meet the criteria.
  • In many instances, you may need to wait for a specified period after your conviction before applying for expungement. The waiting period can vary.
  • You must have adhered to all court orders, which include paying fines, restitution, or attending required programs.
  • You must file a formal petition with the court seeking an expungement of your records.

Crimes Related to Forgery

     a) Credit Card Fraud

Penal Code Section 484f deals with credit card fraud. This law addresses deceptive actions involving credit cards, debit cards, and access cards. It defines the criminal act of using these cards with the intent to defraud, encompassing unauthorized use to obtain goods, services, or money. Credit card fraud is a significant offense, and the penalties vary depending on the circumstances and the defendant's criminal record.

Violations of Penal Code Section 484f in California commonly take one of three forms:

  1. Altering credit or debit cards — This entails modifying an existing credit or debit card for fraudulent use.
  2. Counterfeiting or fabricating fake cards — This includes creating counterfeit or fraudulent credit or debit cards to deceive and employ them for unauthorized transactions.
  3. Unauthorized use of someone else's name — Using another person's name without their consent during a credit or debit card transaction violates this statute.

Credit card fraud requires an intent to defraud. Defrauding involves deceiving someone, often for financial gain or causing harm or loss. It involves dishonest or fraudulent actions to mislead, cheat, or trick another person or entity. These actions could include misrepresentation, forgery, embezzlement, or other forms of dishonesty, all intended to obtain money, property, services, or something valuable through illegal or unethical means.

Credit card fraud aims to obtain unauthorized benefits or payments.

Credit card fraud is punishable under PC 470. A conviction will result in misdemeanor or felony penalties, depending on the facts of the case.

Misdemeanor penalties include:

  1. Summary or misdemeanor probation.
  2. A jail sentence of up to one year.
  3. A fine not exceeding $1,000.

Felony penalties include:

  1. Formal or felony probation.
  2. A jail sentence of up to three years.
  3. A fine not exceeding $10,000.

Long-term Implications of a Forgery Conviction

Forgery convictions are associated with significant consequences that extend far beyond the imposition of fines and periods of incarceration. While fines and imprisonment are common penalties in these cases, the aftermath of forgery convictions can be profound and enduring. One of the most notable outcomes is having a criminal record, which can present a hurdle to future opportunities.

  • A forgery conviction can impact your employment prospects. It makes it challenging to secure a job or advance in a career due to this criminal history.
  • This record can also affect housing applications, as many landlords conduct background checks on potential tenants.
  • Educational pursuits could face barriers as well, with some institutions having policies that restrict admission to individuals with specific criminal convictions.
  • Furthermore, forgery convictions can impede access to financial services like loans and credit, complicating the establishment of financial stability.
  • Certain professions and occupations often require licenses that can be challenging to obtain with a criminal record, limiting career prospects.

However, the consequences of forgery extend beyond financial and employment matters. Personal relationships can become strained due to the social stigma linked to a forgery conviction. This can lead to social isolation.

Individuals on probation or parole must adhere to strict conditions. Any violations can lead to further legal complications. That is why you need to contact a Fresno criminal defense attorney immediately.

Find a Criminal Defense Attorney Near Me

Fresno attorneys at California Criminal Lawyer Group will help you navigate the complexities of the legal system. Our experienced team will represent you. We will challenge the charges and work to mitigate the repercussions of a forgery conviction. Contact us at 559-712-8377 to access invaluable assistance as we work to secure the best possible resolution for your case.