What Is Forgery In California? – California Penal Code Section 470
Forgery in California pertains to a wide variety of crimes. Forgery can mean false checks, it can mean writing a will without authorization, and even filing false insurance claims. Under California Penal Code section 470, the idea behind all instances of forgery involves three elements:
(1) You intended to defraud someone
(2) By using a writing covered by the forgery statutes
(3) And you falsely made or altered the writing
Writings covered by forgery statutes can be put in three groups:
• Signing another person’s name, or a made-up name, to any legal document (which includes a check);
• Knowingly passing a false financial document, such as a false check, counterfeit money, a false lottery ticket, forged legal documents or a false driver’s license or identification;
• Writing a bad check — “making, drawing, uttering or delivering” a check or other bank draft when you know there isn’t enough money in the account to cover it
The lawyers at Wallin & Klarich have successfully defended clients facing forgery accusations for over 40 years. Below we explain what you need to know about the serious charges you are dealing with. As always, a good lawyer is crucial to your defense.
Forgery Punishment in California
Maybe, there are many types of forgery. After the passing of Proposition 47 in California, under Penal Code section 473, forgery is a misdemeanor offense, unless the forged item exceeds $950.
If the court finds you guilty of felony forgery, it can mean a sentence of 16 months, or 2 or 3 years in county jail. Additionally, under some cases of forgery you may be required to pay a $10,000 fine, restitution, and do community service.
For a misdemeanor forgery conviction, the maximum jail time is one year in county lockup. Depending on the circumstances, the punishment may also include a fine up to $1,000.
Forgery Defenses
People accused of writing bad checks may be eligible to enter a bad check diversion program instead of serving jail time. The program varies by county, but typically requires you to pay restitution, including any collection fees, and take a financial skills class.
If you complete the diversion program successfully, the bad check conviction will be erased from your record, and it will not count as a prior conviction in any future criminal case.
What Can a Forgery Attorney Do For Me?
Because forgery is a wobbler, the range of the penalty is very broad. That is where a lawyer can truly make a difference. If you employ trained, skilled lawyers like the forgery attorneys at Wallin & Klarich, we can work to attempt to reduce a felony to a misdemeanor, reduce your fines or sentence, or get your case dismissed altogether.
If your case goes to trial, we will do everything to bring the prosecutor to task and make him prove his case. Remember, in order to win his case, the prosecutor must prove that you intended to defraud someone. Intent is hard to prove; especially when a trained, skilled team works with you to develop your defense.
With over 40 years of experience, the Forgery Attorneys at Wallin & Klarich have successfully defended many people facing forgery accusations. Our experienced team will review your case and take the steps necessary to defend you. We have offices in San Bernardino, Ventura, Riverside, Los Angeles, San Diego and Orange County. Call us today at 888-749-0034 or fill out our intake form for immediate assistance. We will get through this together.
