California Forgery defenses – california penal code 470

Forgery Defenses: California Penal Code 470

An experienced criminal defense attorney can raise a number of different defenses that will work to reduce or dismiss a forgery charge against you. Of course, an attorneys ability to raise certain defenses depends entirely on the circumstances of your case.

Lack of Intent

A crucial element that is necessary to prove forgery is the intent to defraud. Without proof that you had this intent, you cannot be found guilty of forgery. Therefore, a criminal defense attorney must work to convince the court that you lacked this intent to commit fraud. This can be done by demonstrating that you honestly believed that you had the right to sign anothers name on the document. If, for example, you signed your spouses name to a check, and the money was used for family expenses, there is a strong argument that you did not have the intent to defraud anyone.

Forged Document Lacks Capacity to Defraud

If it is immediately apparent that a false document or writing is invalid and cannot possibly operate to defraud, there cannot be a forgery conviction. This is true even if the document is shown to have been altered or falsified. Basically, a document that does not have any apparent legal significance cannot be forged for the purposes of the crime. A criminal defense attorney would have to show that even if a falsified document is accepted as genuine, the forgery charge will have to be reduced or dismissed entirely if that document does not have the capacity to defraud a person of money, property, or rights. If, for example, you write a letter that harshly criticizes another person, and you sign it with someone elses name, the crime of forgery has not occurred because it is not apparent that the letter can deprive anyone of money, property, or rights.