Orange County & Los Angeles
Forgery Defense Attorney
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The Short Answer
Forgery under Penal Code 470 covers signing another person's name, or making or altering a document, with intent to defraud. It is a wobbler, and since Prop 47 many check and money-order forgeries of $950 or less must be charged as misdemeanors. The decisive element is intent to defraud: signing with authority, a good-faith belief you were permitted, or a genuine mistake all defeat the charge, and prosecutors frequently cannot prove the intent the statute demands.
Forgery is broader than most people realize: it is not just faking a signature but altering documents, filling in a check you were handed, or signing someone's name when you believed you had authority to. Because the crime requires intent to defraud, a great many forgery accusations involve conduct that was authorized, mistaken, or simply misunderstood.
Farris Law Firm defends forgery cases across Orange County and Los Angeles, focused on the intent element that decides them and the Prop 47 reclassification that keeps many of them misdemeanors.
What Counts as Forgery
Signing another's name (PC 470(a))
Signing someone else's name to a document without authority and with intent to defraud.
Counterfeiting or altering (PC 470(b) to (d))
Making, altering, or presenting a false document, check, or instrument.
Check and money order forgery
The most common form, and since Prop 47 usually a misdemeanor at $950 or less unless identity theft is also charged.
Intent to defraud, the core element
Without intent to defraud, there is no forgery, no matter what was signed or altered.
Penalties for Forgery
A wobbler, with Prop 47 keeping many low-value instrument cases at the misdemeanor level.
| Charge | Level | Exposure |
|---|---|---|
| Check or money order, $950 or less | Misdemeanor (Prop 47) | Up to 1 year county jail, absent identity theft |
| Forgery (felony) | Felony | 16 months, 2, or 3 years |
| Multiple documents | Separate counts | Each forged instrument can be a separate charge |
| Collateral | All convictions | Moral turpitude, restitution, license and immigration exposure |
Defenses That Win Forgery Cases
Intent to defraud is the whole case, and it is hard to prove:
- No intent to defraud: a mistake or misunderstanding is not forgery
- Authority to sign: you had permission, or reasonably believed you did
- No intent that anyone rely on the document to their loss
- Mistaken identity: handwriting and signature evidence is far from conclusive
- Prop 47 reclassification to a misdemeanor for qualifying instruments
- Suppression of unlawfully obtained documents and statements
Frequently Asked Questions
I signed my relative's name because they asked me to. Is that forgery?
If you had authority to sign, or genuinely believed you did, that defeats the intent to defraud forgery requires. People sign for spouses, aging parents, and business partners all the time, and it only becomes forgery when there is an intent to defraud. Authorization is a real, provable defense.
Is forgery a felony in California?
It is a wobbler. Since Prop 47, forgery of checks, money orders, and similar instruments worth $950 or less is generally a misdemeanor, unless it is charged together with identity theft. Higher values and other document types can be filed as felonies, so reducing the charge level is often a key goal.
Can they really prove I forged a signature?
Handwriting and signature analysis is far less certain than television suggests, and it says nothing about intent. Prosecutors must prove both that you made the document and that you intended to defraud, and that second element is frequently where these cases fail.
Will a forgery charge affect my job or license?
It can. Forgery is a crime of moral turpitude that licensing boards and some employers take seriously. That is why the goal is often a reduction, diversion, or dismissal that keeps a fraud conviction off your record. See our expungement page for clearing older cases.
Charged or under investigation? Talk to a defense attorney tonight.
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