How You Can Successfully Fight A Forgery Charge – Penal Code Sections 470, 473, 475, 476
Facing forgery charges in California can be an overwhelming experience. The stakes are high, with potential repercussions including hefty fines, a tarnished reputation, and even prison time. For anyone accused, understanding the intricacies of these charges is crucial to mounting an effective defense. This guide aims to simplify the process, providing legal insights into forgery charges in California, discussing effective defense strategies, and explaining the importance of legal representation in this situation.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.
Understanding the Legal Definition of Forgery
Forgery in California is defined under Penal Code Section 470. It involves the act of falsifying signatures, altering documents, or creating fake documents with the intent to deceive or defraud. Common examples include signing someone else’s name on a check, modifying a will, or creating counterfeit money.
The law recognizes various forms of forgery, such as:
- Signature Forgery: Signing another person’s name without their consent.
- Alteration of Documents: Changing existing documents to benefit oneself.
- Creation of Fake Documents: Generating entirely new documents to deceive others.
Knowing these definitions can help you understand the specific allegations against you, allowing you and your criminal defense attorney to tailor your defense accordingly.
The Seriousness of Forgery Charges in California
Forgery is considered a serious crime in California, falling under both misdemeanor and felony categories. The severity of the charge often depends on the specifics of the case, including the alleged intent and the value involved. Convictions can lead to severe penalties, including imprisonment for up to three years, fines up to $10,000, and a permanent criminal record.
Understanding the gravity of these charges is the first step toward addressing them. Not only do they carry legal consequences, but they can also significantly impact your personal and professional life. Therefore, taking immediate and informed action is imperative.
California Penal Code Sections for Forgery
Understanding the specific penal code sections related to forgery is essential for navigating legal defenses and ensuring compliance with state law. In California, forgery is primarily governed by the following sections of the California Penal Code:
- Penal Code Section 470: This section defines forgery and outlines the various acts that constitute forgery, such as signing someone else’s name without permission, altering a document with fraudulent intent, and creating or using falsified documents. The penalty for violating this section can include imprisonment in county jail or state prison for up to three years.
- Penal Code Section 470b: This specific subsection addresses the crime of possessing or displaying a false identification card with the intent to use it as a genuine ID, which is also considered forgery. Conviction under this section can result in similar penalties as other forgery-related offenses.
- Penal Code Section 473: This section covers the penalties for forgery convictions. It differentiates between misdemeanor and felony forgery, based on factors such as the amount of loss involved or the type of document forged. Misdemeanor forgery is punishable by up to one year in county jail, whereas felony forgery can result in up to three years in state prison.
- Penal Code Section 475: This section pertains to possessing or receiving forged items, such as checks, money orders, or other documents, with the knowledge that they are forged and the intent to pass or use them. Violations of this section carry severe penalties, similar to those outlined in Section 470.
- Penal Code Section 476: This section criminalizes the act of making, possessing, or uttering a fictitious or altered bill, note, or check with the intent to defraud. Like other forgery-related crimes, this offense can be charged as either a misdemeanor or a felony, depending on the specifics of the case.
Familiarizing yourself with these penal code sections can provide a clearer understanding of the potential legal consequences.
Key Defense Strategies for Forgery Charges
If you are facing forgery charges, implementing effective defense strategies is crucial for a favorable outcome. Here are some key defense strategies that your criminal defense attorney can be employed:
- Lack of Intent: Demonstrating that there was no intention to defraud is a strong defense. This can be achieved by proving that the alleged action was a mistake or misunderstanding, rather than a willful attempt to commit fraud.
- Consent of the Alleged Victim: If the accused had permission to sign or alter the document in question, presenting evidence of this consent can serve as a robust defense. Written agreements, emails, or witness testimonies can corroborate the legitimacy of the accused’s actions.
- Questioning the Authenticity of the Evidence: Challenging the prosecution’s evidence is another powerful strategy. Forensic analysis can be used to scrutinize the signatures, documents, or any other material evidence, potentially revealing inconsistencies or flaws in the evidence presented.
- Mistaken Identity: In cases where the defendant is wrongly accused, proving mistaken identity can exonerate them. Providing alibis, surveillance footage, or other evidence that places the defendant elsewhere at the time of the incident can be pivotal.
- Duress or Coercion: If the defendant was forced or threatened into committing the act of forgery, presenting this context can mitigate or nullify the charges. Evidence of coercion, such as communications or witness testimonies, can substantiate this defense.
- Absence of the Act Itself: Sometimes, it may be argued that the alleged forgery did not occur. Showing that the document in question was not altered or that the alleged fraudulent act did not take place can lead to a dismissal of charges.
- Insufficiency of Evidence: Highlighting gaps or weaknesses in the prosecution’s case can bring about reasonable doubt. This involves a thorough examination and cross-examination of witnesses, as well as challenging the credibility and relevance of the evidence.
Employing these defense strategies requires careful planning and a deep understanding of forgery laws. Consulting with an experienced criminal defense attorney is crucial to formulating a personalized and effective defense plan.
The Importance of Legal Representation
Navigating the complexities of a forgery charge without professional legal assistance is highly risky. An experienced criminal defense attorney can offer invaluable expertise. They understand the nuances of the law and can craft a defense strategy tailored to the specifics of the case.
A seasoned criminal defense lawyer can also negotiate with prosecutors to potentially reduce charges or secure a favorable plea deal. Their knowledge of legal procedures and precedents can make a significant difference in the outcome of the case.
Contact Wallin & Klarich Today
If you are facing a forgery charge, you need an aggressive criminal defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.
