Forgery–California Penal Code 470

Most people think of forgery as fake driver’s licenses, signing stolen checks or changing the contents of a will. However, in the State of California a charge of forgery covers an even broader scope of behavior.

What is Forgery?

In simple terms, Forgery is taking some action with the intent to deprive someone of money or property, while knowing you have no authority to do so. You could do this by:

• Signing someone else’s or a false name
• Using a fake seal
• Copying someone else’s handwriting
• Changing or falsifying any legal document
• Faking, changing or presenting-as-real documents relating to money, finance or property[1]

What do the prosecutors need to prove to convict me of Forgery?

Though there are a variety of factual scenarios that are subject to Forgery charges, they all have three things in common.  For all of them, the prosecutors will have to prove:

1-      That you had no authority to act (you were not given permission by the real person to use or sign the name/seal)

2-      That you knew you had no authority to act

3-      That when you acted, you did so with the intention to defraud^[2]

Intention to defaud means that your purpose or the result you wanted to happen when you acted was to defraud. Timing is important. You had to form the intent to defraud before or at the time you acted.

To defraud means to deceive another person for one of the following reasons:

1-      to cause a loss of money, goods, services, or something else of value, OR

2-      to cause damage to a legal, financial or property right.[3]

The prosecutor does not have to prove that fraud actually occurred, only that you intended to defraud. In other words, you could be convicted of forgery even if you were not successful in obtaining the property or money that you sought.

Here’s an example:  Let’s say a new health care company has come out with a new skin care product. The company wants the new product to look legitimate and to appear to have been endorsed by well-respected doctors, so the company owner writes an endorsement letter and signs it Dr. Smith, a well-known professional in their field. Dr. Smith did not lose money or property, but his signature was used without permission, which could affect his legal and/or property rights. The company owner’s intent was to pass off the false endorsement as real. In this case, the company owner could be facing forgery charges.

The Different Charges under Forgery:  If you are faced with the following charges, the prosecutors will need to prove, in addition to the three points above, additional information.

• A Forgery by False Signature charge requires the prosecutors to also prove that you signed someone else’s name or a false name on a document.[4]

For example, Joe finds a check in the mail for his Uncle Bob. Without permission from his uncle, Joe signs his uncle’s name on the back to cash it.

• A Forgery by Endorsement charge requires the prosecutors to also prove that you signed a check with the name of the person required by the account, and that person is not you.[5]

For example, Anne’s roommate, Sarah, moved out. She left behind many of her belongings, including bills, bank statements and checks. Anne used the checks to go shopping, signing Sarah’s name without permission.

• A Forgery by Handwriting or Seal charge requires prosecutors to also prove that you forged or counterfeited the handwriting or seal of another person.[6]

For example, Joan works for a lending company. She works under a loan supervisor and has her signature down pat.  Joan signs her boss’ name on the documents needed to give herself a line of credit.

• A Forgery by Altering or Falsifying a Will or Other Legal Document charge requires prosecutors to also prove that you altered corrupted or falsified a document. Also, that the document was a will, codicil, conveyance, a, court judgment, an officer’s return to a court’s process or any other legal writing the law accepts as evidence. [7]
• A Forgery by Falsifying, Altering, or Counterfeiting Document charge requires prosecutors to also prove that you falsely made, or altered or forged, or counterfeited a document.[8] (See the California Penal Code § 470(d) information below for more detailed information about what the law designates as a document.)
• A Forging by Passing or Attempting to Use a Forged Document charge requires prosecutors to also prove that you passed, used, attempted to use or offered to another person a false document (see PC§ 470(d) information below). Also, that you expected the document to be accepted as genuine, even though you knew it was false.[9]
• A Forging and Passing or Attempting to Pass a Forged Document charge is actually two theories in one charge. It requires prosecutors to prove that you personally forged and also passed or attempted to pass to another person the false document you made.

CALIFORNIA PENAL CODE § 470(d) – This code section lists over forty documents that could be considered “false documents” in a Forgery charge. The documents that are most commonly involved in Forgery charges are:

• Checks
• Traveler’s Checks
• Money Orders
• Promissory Note
• Stock Certificates
• Real Estate Leases
• Driver’s Licenses
• Contracts
• Wills
• Power of Attorney
• Lottery Tickets

What can I do to fight a charge of Forgery?

Forgery charges are fairly ambiguous by nature and hard to prove. Common and successful legal defensives used in forgery cases include defending the lack of Intent, showing that the document was not fraudulent or that you are being falsely accused. Your defense may also include using handwriting experts. In fact, an expert may not even be necessary. If the prosecutors are alleging that you forged someone’s name, and you didn’t, you can have anyone who is familiar with your handwriting testify that the signature does not look like your handwriting. The defense strategy you use will depend on the factual circumstances of your specific case.  

What is the sentence for Forgery?

Forgery is considered a “wobbler”, meaning that depending on the details of the crime and your criminal history, you may be charged with either a misdemeanor or a felony. Either way, a forgery conviction has long-lasting consequences. Such a conviction will be on your permanent record. It must be disclosed to possible employers when applying for jobs and will show up if you are required to be “live-scanned” for any reason, such as for a background check.

When Forgery is charged as a misdemeanor, the maximum sentence includes imprisonment for not more than one year in a county jail,[10] a fine of up to $1,000[11], informal probation, and/or payment of restitution to victims.

A Forgery conviction as a felony could include a sentence of imprisonment for 16 months, 2 years or 3 years.[12] It would also a fine of up to $10,000, formal or informal probation (if not sentenced to prison) and payment of restitution to victim.[13]