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.
I was charged with burglary & forgery in February trying to cash a $420 dollar fake check. I went to court in March & all charges were dropped. so today I receive a letter saying a complaint was filed against me for violation of PC459 SECOND DEGREE COMMERCIAL BURGLARY, PC470(d) FORGERY. I have no prior convictions, or no record. will I do jail time? please help. thank-you.
Hi Kevinika,
We can help you with your case but we need further details. Please call our offices toll free at 1-877-466-5245 and we can discuss your case over the phone at no charge.
Thank you
i was pulled over on 1999 and aressted for traffic warrent and police officer ,then serched the car found coppies of home depot recipts ,i ended up geting a bad deal because my public defender was out to give me the worst ,and he did ,i one year in county jail ,and 3 year goint suspention , i did the year got out ,was on probation ,the gudge grnted my probation to be transferd to my home town san diego , but probation department faild to transfer my case to san diego ,and i fail to report to probation because it was to far from san diego to nor walk , didnt have car , and thats why i got violated , went to prizon 1 year 4 months got out , and on 03/18/2014 i get deported for that case , the original carge penal cod 475a ,the was never any forgery ,but thats what they charged me with, i know that i souldnt have gotten the charge , but they scared me told me if i didnt take the offer then it could go to trail and i could go to prizon 6 years , i need to get this sentence modification to 364 days so i can in order to get my status back .because its an agravated felony ,
Hi Armando,
We have been successfully helping people in your situation for over 30 years. We can help you. Call us toll free at (877) 466-5245 and we can discuss your case over the phone.
I fabricated Court documents changing my daughters name. How much trouble am I in?
Hi Kimberly,
Thank you for contacting us. We would first need to hear the specific details of your case in order to give you an accurate answer.
Call us toll free at (877) 466-5245 today and we can discuss your case over the phone. We can help.
My name is hazel and they arrested my husband for pc473b and forgey well I need to know what’s gonna happen he said he went to video court and they said that they dropped. The charges on 3 cases well I’m trying to find a good lawyer don’t have alot of money but any one welling to help me
Hi Hazel,
You should consider hiring a private lawyer to handle your husband’s case. Contact our law firm at (877) 466-5245 for a free case evaluation so we can begin to help you.
Thank you