You commit the crime of forgery when you create or sign a fake document to defraud another person. Forgery is a white-collar crime that does not involve violence. However, the consequences of a conviction under California Penal Code 470 can be severe and life-changing.

You may have to deal with the collateral consequences of your conviction even after you have spent time behind bars for your misdemeanor or felony conviction. Securing or retaining meaningful employment may be challenging with a PC 470 conviction on your record. Additionally, you can lose your immigration status through deportation.

If you are charged with violating forgery laws in California, it is important to understand the nature of your crime. This will help you seek legal guidance and take the necessary steps to fight the charge.

At California Criminal Lawyer Group, we understand the level of impact that a forgery conviction can have on your personal and professional lives. Our reliable criminal attorney will review your case and build a strong defense to ensure the best possible outcome. We serve clients battling criminal charges in Bakersfield, CA.

Understanding California Forgery Laws

You could be arrested and charged with forgery if you sign or alter a document without authority. Forgery is charged under California Penal Code 470 and has the following elements:

  • You Signed Another Person’s Name on a Document

You will be charged with forgery if you sign another person’s name on a legal document without their knowledge. The documents that are addressed in this case are those that allow for money or property transfers. Before you face a forgery conviction under these circumstances, the prosecutor must prove you knew you had no permission to sign the documents.

  • You Faked a Seal or a Handwriting

You will be charged with Penal Code 470 if the prosecutor proves you faked a seal or another person’s handwriting. The prosecution can allege that you used the fake seal or handwriting to create or alter a document that allowed you to defraud someone else.

  • You Changed Specific Documents

Prosecutors will pursue a conviction under PC 470 if you are found to have altered the contents of a legal document. Changing a document involves adding or removing some contents from the document.

  • You Acted With a Fraudulent Intent

Your intention to defraud is a forgery charge's last and most critical element. The prosecuting attorney proves your fraudulent intent by showing that your intention of deceiving the victim was to gain legal rights to money or property. You can be found guilty of forgery even when the victim did not suffer a financial loss.

Sentencing and Punishment for Forgery in California

In California, forgery can be charged as a felony or a misdemeanor. However, the court can determine the nature of your charges. The following factors could impact the prosecutor’s decision:

  • The seriousness of the offense. The level of loss determines the severity of the forgery crime you caused the alleged victim and the extent of your actions. If you cause a loss of $950 or more, you risk facing a felony charge and conviction.
  • Your criminal history. The court will examine your criminal history when you face a criminal charge in California. California law is strict on repeat offenders. Therefore, if your record shows a pattern of violent or fraudulent crimes, the prosecution could file felony charges.
  • Your cooperation with law enforcement officers. If you cooperate with police officers and investigators, the prosecutor may be lenient and file misdemeanor forgery charges against you.
  • The strength of the case against you. Prosecutors in California file charges for the most serious offense that the evidence they have against you can support. Proving your guilt for a felony may be more complicated than a misdemeanor. Therefore, if the prosecutor's case is not strong enough, they could file misdemeanor charges.
  • Use of the forged document. You could be arrested and charged with forgery even if you do not use the falsified document. However, if you succeeded in defrauding another person using false documents, you could face a felony conviction.

The punishment for a felony conviction under PC 470 includes the following:

  • Three years in prison.
  • Up to $10,000 in fines.
  • Formal probation.

You will be charged a misdemeanor if you forge a check or money order of $950 and below. A conviction for a misdemeanor forgery charge will result in:

  • A jail sentence of up to one year.
  • A $1,000 fine.
  • Misdemeanor probation.

Probation for Forgery in California

After your felony or misdemeanor forgery conviction, the court can sentence you to probation. A probation sentence is often an alternative to spending time in jail. With the probation sentence, you can spend part of your prison or jail sentence on community service.

Probation is not available for all defendants who face forgery charges in California. The judge could consider sending you to probation under the following circumstances:

  • Your case does not have aggravating circumstances.
  • You do not have an extensive criminal history.

Although probation can save you from the stigma of spending time behind bars, the judge can attach the following strict conditions to your probation sentence:

  • Check-ins with the court or probation officer. You must regularly meet with your probation officer if you are sentenced to felony probation. However, regular check-ins are made with the court for defendants on misdemeanor probation. This allows you to report your progress.
  • Pay court fines and victim restitution. The use of forged documents can cause significant financial loss to the victim. Therefore, if you are sent to probation, you must pay victim restitution as part of the probation terms.
  • Complete your community service hours. While on felony or misdemeanor probation, you must complete specific hours of community service.
  • Avoid criminal acts. While on probation for forgery in California, you must avoid engaging in criminal acts.

If you violate a probation condition, your probation could be revoked. After a probation revocation, the judge could impose the original or maximum sentence for your conviction. Therefore, before you accept the probation sentence, you should be ready to follow all the conditions.

Collateral Consequences of a Forgery Conviction

A violation of PC 470 can result in a felony or misdemeanor criminal conviction. Your conviction will remain on your criminal record until you expunge it or seek a governor’s pardon. Expected collateral consequences of your forgery conviction include:

Difficulty Obtaining Employment

Most employers will perform a background check before considering you for a job. Since forgery involves fraud and dishonesty, a conviction for the offense may make it difficult to secure employment.

A conviction for forgery could make you ineligible for a government or corporate position. This could significantly impact your livelihood and your ability to fulfill your probationary obligations.

College Application

Disclosing your criminal record on your college or graduate school application can be detrimental. Your forgery conviction can taint the application even with good grades and other recommendations. Failure to report a conviction in your application will cause it to be denied.

Applying or Renewing Your Professional License

You will require a license to work in the field for some professions. The licensing board will check your criminal record when you apply for a license or seek to renew your professional license. A forgery conviction may indicate your inability to uphold ethical and professional standards. This can result in the denial of your license.

If you already have a professional license, it can be suspended or revoked when the licensing board is notified of your forgery conviction.

Voting Rights

Most people take their voting rights for granted until they are taken away. If you face a felony conviction in California, you will not be allowed to vote. Your rights will be restored after you are released from incarceration and have completed the supervision programs.

Immigration Consequences

Forgery is a crime of moral turpitude, which is a major category of deportable crimes. If you are an immigrant facing felony forgery charges, you risk losing your immigration status. After your conviction, ICE can begin deportation proceedings. Being deported means you will be forcefully removed from the country.

Another possible immigration consequence of a felony forgery conviction is inadmissibility. When an immigrant is rendered inadmissible, they cannot return to the country after leaving.

Loss of Gun Rights

In California, most individuals can purchase and own a firearm. However, this right is not enjoyed by individuals convicted of a felony. Whether or not you can keep your gun rights depends on the seriousness of your case. If you face a felony conviction, you must surrender all your firearms to law enforcement.

You can only keep your gun rights when you fight to avoid a conviction or have your felony charge reduced to a misdemeanor.

Legal Defenses Against Penal Code 470 Charges

The stakes are high for defendants facing charges under California Penal Code 470. The thought of spending time behind bars can be traumatizing. Therefore, you must seek the guidance of an experienced criminal defense attorney.

Your choice of legal representation can make the difference between spending years in prison and walking out with a dismissed case. The following are defenses you can use in your forgery criminal case:

False Allegations

Many forgery cases stem from simple misunderstandings. You may be arrested and charged with forgery even when you have the authority to sign or present a particular legal document. If you have power of attorney over another person or are in a partnership, you can create documents for them. In this case, you cannot be found guilty of forgery.

Another reason you could fall victim to false allegations is when a person with whom you have a strained relationship wants to ruin your name and reputation. A forgery could have severe consequences for your professional life. Therefore, you will need a skilled lawyer to fight the false allegations.

Lack of a Fraudulent intent

Your intention to commit fraud is a critical element that the prosecutor must prove in your case. Fraudulent intent is very challenging for the prosecution to prove. If you prove that your decision to sign or present the alleged document could not have resulted in financial gain, there would be no intent to defraud. Therefore, you can fight the charge and avoid a conviction.

Coerced Confession

Sometimes, law enforcement officers use aggressive tactics to interrogate individuals arrested and charged with criminal offenses. If you were forced to confess to the crime through threats, violence, or deceitful tactics, you could raise this as a defense in your case.

By petitioning the court, your attorney can fight to ensure the court dismisses the evidence collected through coercion. This can weaken the prosecutor's case against you and increase your chances of beating the charge.

Statute of Limitations

The statute of limitations is when the prosecution can file a criminal charge against you. Sometimes, law enforcement officers and investigators take a while to gather enough evidence. Prosecutors can file forgery charges against you within one year for a misdemeanor and four years for a felony. You cannot be charged with or convicted of the offense if the statute of limitations has elapsed.

Insufficient Evidence

The most common defense in criminal cases is insufficient evidence to find you guilty. The prosecutor is responsible for proving beyond a reasonable doubt that you engaged in the alleged conduct. This can be done by presenting physical and circumstantial evidence. If the prosecutors do not have enough evidence to support their claims, you can avoid a conviction.

Expunging a Forgery Conviction in California

The consequences of a forgery conviction go beyond incarceration and fines. The conviction will leave behind a criminal record that can impact multiple aspects of your life. Fortunately, several legal options exist to avoid the disabilities of your criminal conviction, including expungement.

Under California Penal Code 1203.4, expungement is a legal proceeding that releases defendants from the disabilities of their conviction. When you file a petition for an expungement, the court will allow you to withdraw your guilty verdict. Additionally, your conviction will be set aside.

You can petition the court to expunge your conviction if you are convicted of a misdemeanor or felony forgery. However, you must meet the following eligibility criteria:

  • You have completed your probation. The court can sentence you to prison, jail, fines, or probation if you face a forgery conviction in California. If you are sentenced to probation, you must complete your probation term before petitioning for an expungement.
  • You should not be facing additional charges. When you seek to petition your forgery conviction in California, you should serve a sentence or be on probation for another crime.

Expunging your forgery conviction involves filing a petition with the court and attending an expungement hearing. When filing your petition, you must gather all the information about your conviction and probation report. At your expungement hearing, you can prove to the judge that:

  • You can hold down a job.
  • You have followed all the conditions of your community service.
  • You have had no additional convictions.

The judge can accept or deny your petition at the end of your hearing. If your expungement petition is rejected, you can refile it again after six months. If you successfully expunge your forgery conviction, you will not have an obligation to disclose the conviction to potential employers.

An expunged conviction cannot be used to deny you a job or impeach your credibility as a witness in a court case.

Offenses Related to Penal Code 470

Forgery is a common white-collar crime charged under California law. If you face forgery charges, the prosecution can introduce the following related charges to your case:

Making or Selling Counterfeit Goods

Under California Penal Code 350, it is a crime to manufacture or sell fake versions of trademarked items. Counterfeit products are almost identical to the original brand, which can make them confusing to consumers. You can be charged under PC 350 for simply possessing counterfeit products.

Making or selling counterfeit documents can result in a felony or misdemeanor charge. The value of the goods involved in the crime will impact the nature of your charges. You will be punished with a three-year prison sentence if you face felony charges for forgery. For a misdemeanor, you would spend one year in county jail.

Check Fraud

Check fraud is a prominent white-collar crime in the United States. The increased availability of technology and sophistication has made it possible for people to commit this crime. You commit the crime of check fraud if you use a fraudulent check to obtain money from a financial institution.

A check could be fraudulent if it has been altered or fabricated. In addition to proving that the check you presented was not authentic, the prosecution must prove that you intended to defraud another person with your acts. Prosecutors can charge check fraud against the person who makes the check and the one who presents it.

Whether you face a felony or a misdemeanor conviction, check fraud can attract severe legal penalties.

Identity Theft

California Penal Code 530.5 defines identity theft as using another person’s identification information without permission. Most people who engage in identity theft do it with fraudulent intent. For this reason, a criminal conviction for violating PC 530.5 can attract severe legal consequences.

  • The elements that help establish your liability under this statute include:
  • You obtained another person’s identification information willfully.
  • You took the identification information without the owner’s consent.
  • You transferred the information to another person. You can still be charged with identity theft for allowing another person to use the credit card information fraudulently.
  • You acted with the intent to commit fraud. Your intention to defraud another person must be clear before you are convicted for identity theft in California.

Depending on the specific factors of your case, the prosecutor can file felony or misdemeanor charges.

Embezzlement

Using another person’s property for personal gain can result in an arrest and embezzlement charge. If you forge a signature to defraud a person who puts you in a position of trust, you can be charged with forgery and embezzlement.

The prosecution in your case must establish these elements of embezzlement to secure a conviction:

  • A person entrusted their property or money to you.
  • The property owner placed you in a position of trust.
  • You used the property or money fraudulently.
  • You acted to deprive the owner of the property’s use.

A forgery and embezzlement conviction could make you spend a long time behind bars. Therefore, having a skilled lawyer as you battle the charges is essential.

Credit Card Fraud

Under California law, credit card fraud is the fraudulent possession and use of a credit card. You can be charged with this offense by giving or receiving credit card information without the owner’s consent. You can be charged with credit card theft for engaging in these acts:

  • Possession and transfer of a credit card for fraudulent purposes.
  • Forging credit card information.
  • Fraudulent use of a credit card or credit card information.
  • Publishing another person’s credit card information without their consent.
  • Engaging in fraudulent retail transactions.

Find a Competent Criminal Defense Attorney Near Me

Acts like signing another person’s name on a legal document or counterfeiting documents can result in an arrest and criminal charges for forgery. Depending on your circumstances, the prosecutor can file felony or misdemeanor forgery charges against you. You could face a lengthy prison sentence and hefty fines if convicted of forgery in California. Additionally, the conviction could leave a criminal record that is difficult to shake off.

Fortunately, before your conviction, the prosecution must prove all the elements of the crime. This is done by presenting factual and circumstantial evidence to prove your guilt. For this reason, not all forgery arrests will result in a conviction.

With the guidance of a skilled criminal defense attorney, you can fight the charges to avoid a conviction and escape the harsh penalties. At California Criminal Lawyer Group, we offer top-notch legal guidance to our clients battling forgery charges in Bakersfield, CA. Contact us today at 661-750-8230 for much-needed advice and representation in your case.