CALIFORNIA PENAL CODE 470 PC – FORGERY

Forgery under California Penal Code Section 470 PC is a type of white-collar crime that involves fraudulent activities such as falsifying signatures, seals, or documents as part of a larger scheme to defraud others.

California Penal Code 470 PC states that:

(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).

(e) Upon a trial for forging any bill or note purporting to be the bill or note of an incorporated company or bank, or for passing, or attempting to pass, or having in possession with intent to pass, any forged bill or note, it is not necessary to prove the incorporation of the bank or company by the charter or act of incorporation, but it may be proved by general reputation; and persons of skill are competent witnesses to prove that the bill or note is forged or counterfeited.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=470.

WHAT ARE THE DIFFERENT TYPES OF FORGERY?

There are several ways in which a forgery offense can be committed, including:

1. Signing someone else’s name without their authorization: This occurs when a person knowingly signs another person’s name without their permission (California Penal Code Section 470(a) PC).
2. Counterfeiting or forging someone else’s handwriting or seal: This involves imitating or copying another person’s handwriting or seal onto a document without their knowledge or consent (California Penal Code Section 470(b) PC).
3. Altering, corrupting, or falsifying legal documents: This pertains to changing or manipulating important legal documents, such as wills, property conveyances, court records, or any other document used as evidence in a court of law (California Penal Code Section 470(c) PC).
4. Falsifying, altering, counterfeiting, publishing, or uttering specific types of documents: This includes engaging in fraudulent activities related to checks, bonds, bank bills/notes, cashier’s checks, traveler’s checks, money orders, lottery tickets, stock certificates, property deeds, leases on real property, contracts, and other items listed in the statute (California Penal Code Section 470(d) PC).

These acts of forgery involve the intentional creation or manipulation of documents for fraudulent purposes, and individuals found guilty of such offenses can face legal consequences.

WHAT ARE THE ELEMENTS OF CRIME OF FORGERY?

In order to secure a conviction for forgery, a prosecutor must prove the following elements of the crime:

• You committed one of the acts listed above,
• and when doing so, you acted with the intent to defraud another person.

“Intent to defraud” is defined under this code section as deceiving another person or lying to them with the purpose of depriving them of money, property, or some legal right. It is important to note that this intent exists even if no one is actually defrauded or if there is no financial, legal, or property loss suffered by anyone.

EXAMPLE

Imagine a scenario in which an individual, let’s call him John, creates a fake check using the name and account details of a legitimate business. John alters the check to make it appear as if it is issued by the business, but in reality, it is not authorized or issued by the business.

John then attempts to deposit the fake check into his personal bank account, with the intention of fraudulently obtaining the money from the bank. In this situation, John could be charged with forgery under California Penal Code Section 470 PC due to the act of creating and presenting a falsified document with the intent to deceive and defraud the bank.

PENALTIES, PUNISHMENT, AND SENTENCING

Forgery, as defined in California Penal Code 470, is a “wobbler” offense, meaning it can be charged as either a felony or a misdemeanor.

If charged as a misdemeanor, the potential penalties include misdemeanor probation, up to one year in county jail, and/or a maximum fine of $1,000.

If charged as a felony, the potential penalties include felony probation, up to three years in county jail, and/or a maximum fine of $10,000.

Violation of this statute is only charged as a misdemeanor if the forged document is a check, money order, or a similar instrument, and the value is $950 or less.

Forgery can be classified as a felony when it causes a loss exceeding $950 to the victim. If charged federally, the potential consequences include lengthy prison sentences extending to several decades.

DEFENSES

The following defenses have been effective in dealing with prosecutors, judges, and juries in forgery cases:

1. Claiming no intent to defraud: Arguing that there was no fraudulent intention on your part can be a strong defense. Prosecutors are unable to definitively prove what your intentions were. If there is enough reasonable doubt for a jury to believe that the forgery was a harmless prank, a careless mistake, or a result of genuine belief in the truthfulness of the document, the case could potentially be dropped.
2. False accusation: Forgery cases often arise in complex business or legal situations, as well as in workplace settings. It is not uncommon for clients to be falsely accused of forgery by someone who is attempting to divert attention from their own guilt. In these instances, we rely on evidence such as recorded communications, video surveillance footage, and eyewitness accounts to demonstrate that you are innocent and that the accuser should be the one facing charges.
3. Coerced confession: There have been cases where California police officers have crossed the line and coerced confessions from suspects. This is illegal under California law. When this occurs, we gather any evidence of the coerced confession, such as bodycam footage or other recordings, and request that the judge suppress the confession as evidence in your case. If the judge grants our request, the prosecutor may be left with insufficient evidence to secure a conviction for forgery.

IMMIGRATION CONSEQUENCES

A conviction for forgery under PC 470 in California may have adverse consequences for immigration purposes. In a particular California court ruling, forgery was deemed a serious offense involving moral turpitude. This is problematic because crimes involving moral turpitude can lead to repercussions such as deportation or being marked as inadmissible for non-citizens. Consequently, a conviction for PC 470 forgery could result in significant immigration consequences.

EXPUNGEMENT

Under Penal Code 1203.4 PC, it is possible to obtain an expungement for a forgery conviction. An expungement can alleviate many of the challenges linked to a conviction. You may be eligible for an expungement if you have completed probation or a jail term successfully, whichever is relevant to your case. Additionally, a judge may grant an expungement even if there were violations of probation terms.

RELATED CRIMES

1. Credit Card Fraud – California Penal Code Section 484f PC
2. Check Fraud – California Penal Code Section 476 PC
3. Offering or Preparing False Evidence – California Penal Code Section 132 PC and California Penal Code Section 134 PC
4. Making or selling counterfeit goods – PC 350

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you are facing allegations of forgery under California Penal Code Section 470 PC, it is crucial to seek immediate legal assistance. Cases involving forgery can be complex, and the consequences of a conviction can be severe. Don’t delay in protecting your rights and building a solid defense.

Cyrus Tabibnia, from Tabibnia Law Firm, is known for his successful representation in white-collar crime cases. By thoroughly examining the particulars of your case, he can formulate an effective strategy. Offering his services to clients across Southern California, you can schedule an initial consultation by calling 866-713-2159.