Posted on October 2, 2018

Orange County Forgery Attorney

Have you been arrested or charged with forgery in Orange County? If so, then retaining an experienced Orange County forgery attorney may be one of the most important decisions you make. Forgery is categorized as a fraud crime, thus carrying the social stigma of being labeled as a person of deceitful character. Contact the Law Offices of John D. Rogers to schedule a free consultation. With the severe consequences a forgery conviction carries, you owe it to yourself to consult with a reputable lawyer who frequently handles white collar cases.

Overview of California Forgery Laws

In California, forgery is charged under penal code 470 pc making it unlawful for someone to sign for the name of another with the intent to defraud.[1] It routinely occurs in the context of real estate transactions, disbursement of assets, and bank checks. To prove a person is guilty of forgery, the Government must prove:

  1. You signed another person’s name or signed with a fake name;
  2. You did not have the authority to do so;
  3. You knew you did not have the authority;
  4. You had the intent to defraud.[2]

Punishment for CA Forgery

Penal Code 470 is punishable as either a felony or misdemeanor depending on the loss amount. If the value of property exceeds $950, then the charge becomes a wobbler allowing the prosecutor to file misdemeanor or felony charges. A misdemeanor conviction carries up to one year in the county jail whereas a felony carries up to 3 years in the county jail. Ordinarily, the court will order restitution for any amount loss as a result of the forgery.

Legal Defenses to California Forgery Charges

Because forgery is considered a “specific intent” crime, ordinarily there is insufficient evidence to prove the intent to defraud. Moreover, mistaken belief, coercion, or intoxication are common defenses to negating the intent to defraud. Additionally, you may have been granted consent by the purported victim or the act was done on accident or the product of misfortune.

Contact an Experienced Orange County Forgery Attorney

Top 40 Under 40 Screen Shot 2018-01-07 at 10.24.20 AM Screen Shot 2017-12-17 at 11.40.30 AM

If you have been charged or are under investigation for forgery under PC 470, then contact a reputable and experienced Orange County criminal defense lawyer at the Law Offices of John D. Rogers. Call us today to schedule a free confidential consultation concerning your rights and defenses. Early intervention by a skilled forgery defense attorney in Orange County can make the difference of having to serve a jail sentence or have your case rejected from prosecution entirely.

Related Charges

 

 

Footnotes:

[1] (a) Every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person to any of the items listed in subdivision (d) is guilty of forgery.

(b) Every person who, with the intent to defraud, counterfeits or forges the seal or handwriting of another is guilty of forgery.

(c) Every person who, with the intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court or the return of any officer to any process of any court, is guilty of forgery.

(d) Every person who, with the intent to defraud, falsely makes, alters, forges, or counterfeits, utters, publishes, passes or attempts or offers to pass, as true and genuine, any of the following items, knowing the same to be false, altered, forged, or counterfeited, is guilty of forgery: any check, bond, bank bill, or note, cashier’s check, traveler’s check, money order, post note, draft, any controller’s warrant for the payment of money at the treasury, county order or warrant, or request for the payment of money, receipt for money or goods, bill of exchange, promissory note, order, or any assignment of any bond, writing obligatory, or other contract for money or other property, contract, due bill for payment of money or property, receipt for money or property, passage ticket, lottery ticket or share purporting to be issued under the California State Lottery Act of 1984, trading stamp, power of attorney, certificate of ownership or other document evidencing ownership of a vehicle or undocumented vessel, or any certificate of any share, right, or interest in the stock of any corporation or association, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release or discharge of any debt, account, suit, action, demand, or any other thing, real or personal, or any transfer or assurance of money, certificate of shares of stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer certificates of shares of stock or annuities, or to let, lease, dispose of, alien, or convey any goods, chattels, lands, or tenements, or other estate, real or personal, or falsifies the acknowledgment of any notary public, or any notary public who issues an acknowledgment knowing it to be false; or any matter described in subdivision (b).

[2] See CALCRIM No. 1900

Leave a Reply

Your email address will not be published. Required fields are marked *


*


− 4 = five