Being charged with forgery is a bit like being caught copying off another student’s test in elementary school. Except, instead of getting scolded by a teacher, you risk spending time in state prison and paying hefty fines.

We’ll take a closer look at this charge below. First, we’ll examine how forgery is defined in California so we understand exactly what the accusation entails. Then we’ll explore the various penalties one may face if charged. Once we have a clear picture of what’s at stake in a forgery trial, we’ll discuss possible defense strategies for this charge.

How Is Forgery Defined in California?

To define forgery, we turn to Penal Code Section 470. This statute tells us that a person commits forgery if they:

  • Intend to defraud and knowingly sign someone else’s or a fictitious person’s name on certain types of documents without authorization
  • Intend to defraud and forge or counterfeit another person’s seal or handwriting
  • Intend to defraud and alter, corrupt, or falsify any will, codicil, conveyance, or other legal documentation, including court records or judicial responses

These provisions offer a clear picture of which actions may constitute forgery. However, simply signing someone else’s name is not enough. As outlined above, the law includes a comprehensive list of items that can be forged:

  • Any check, bond, banknote or note, cashier’s check, traveler’s check, or draft
  • Any warrant or authorization for payment from a financial officer or county treasurer
  • Any request for payment, receipt for goods, draft, promissory note, or order to pay money or property
  • Other contracts, bonds, payment notices, or property receipts
  • Any lottery ticket or share issued under the California State Lottery Act of 1984
  • Any voucher, authorization, or proof of ownership of a vehicle or undocumented vessel
  • Any certificate representing shares or interests in goods or personal property from a company or association
  • Any document confirming the delivery of goods or property, or release/discharge of an obligation
  • Any transfer or pledge of money, stock, goods, or other property
  • Any power of attorney or document granting rights to receive funds, stock shares, annuities, leases, sales, or transfers of real or personal property
  • Any notarized certificate known to be false or forged

What Are the Penalties for Forgery Charges?

Forgery may be charged as a misdemeanor or a felony depending on the value involved. If the amount is less than $950, it is considered a misdemeanor. If the amount exceeds $950, it may be charged as a felony.

As a misdemeanor, a forgery conviction may result in up to one year in county jail and relatively low fines. However, depending on the nature of the crime—such as whether it involves federal offenses—the penalties could be more severe.

As a felony, forgery can carry up to sixteen months in state prison or two to three years in county jail. Maximum fines for felony forgery charges can reach $10,000.

What Are Some Defense Strategies for Forgery Charges?

The good news is that the burden of proof in a forgery case is substantial. Prosecutors must convince a jury that the signature or document was forged, that you were the one who forged it, and that you acted with the specific intent to defraud or falsify legal documentation.

An experienced attorney can evaluate the specifics of your case and employ various defense strategies. This means there are several areas to investigate early in the case.

It’s also worth noting that an experienced defense attorney may help you pursue alternative sentencing options. For instance, if you have a clean record and were arrested for forging a check, you might qualify for a pretrial diversion program. This may require you to pay restitution and attend financial literacy courses instead of serving jail time. If you meet all program requirements, you may avoid a criminal conviction altogether.

Should You Seek Legal Help if Charged With Forgery?

Giving up your right to legal representation is never a wise choice. If you’re charged with forgery, an experienced attorney can analyze your case and identify multiple strategies for defense. Choosing not to retain a lawyer may leave you trying to analyze legal strategies based only on similar past cases.

Once you hire a seasoned criminal defense attorney, they can handle the research and investigation necessary to defend you. They are hired to protect your rights and will work hard to build your case. Meanwhile, you can focus on your life, trusting your attorney to notify you of any major developments or decisions.