What Are Some Types of Forgery?

Under California Penal Code Section 470, forgery involves knowingly creating, altering, or using a fraudulent written document with the intent to deceive and unlawfully obtain money, property, or benefits from another individual or business. The fraudulent document can take many forms, including handwritten, typed, printed, or digitally recorded, and must hold some form of legal significance.

Forgery is a versatile charge that may be prosecuted as either a misdemeanor or a felony depending on the details of the case. Additionally, it can be classified as a state or federal crime if the offense involves crossing state lines or impacts federal entities.

Common Examples of Forgery Include:

• Forging a Signature: Signing someone else’s name on checks, contracts, or other legal documents without their permission.
• Altering Documents: Changing key information on official records, such as modifying amounts on a check or altering dates on legal agreements.
• Submitting Invalid Insurance Claims: Filing fake or altered insurance documents to obtain benefits fraudulently.
• Writing Fraudulent Checks: Issuing checks from accounts with insufficient funds or from accounts that do not belong to the defendant.
• Forging Artwork: Creating or falsifying artwork to pass it off as genuine for financial gain.

Forgery is often accompanied by other criminal charges, such as identity theft, fraud, or embezzlement. In these cases, prosecutors must prove that the defendant knowingly intended to defraud another party. The severity of the charge typically depends on the monetary value involved and the circumstances of the case.

Elements of Forgery Under California Penal Code 470

Forgery, as defined under California Penal Code Section 470, involves the unauthorized altering, creating, or signing of a written document with the intent to defraud another person, organization, or government entity. This offense is considered a form of fraud and covers various prohibited actions, including:

• Signing another person’s name: Using someone else’s name on a document without their consent.
• Using a fictitious name: Signing the name of an imaginary or non-existent individual.
• Counterfeiting handwriting or seals: Forging another person’s handwriting or using a fake seal to validate a document.
• Altering financial instruments: Modifying, forging, or counterfeiting checks, notes, or other financial documents (as outlined in Penal Code § 470(d)).

To secure a conviction for forgery, the prosecution must prove each element of the crime beyond a reasonable doubt. These elements include:

1. Lack of Authorization:
   • The accused did not have permission from the rightful party to engage in the alleged conduct, such as signing their name or altering a document.
2. Knowledge of Unauthorized Conduct:
   • The defendant was aware they did not have permission to perform the act but proceeded regardless.
3. Intent to Defraud:
   • The defendant acted with the specific intent to deceive or defraud another individual or entity, even if the fraud was not successful.

Proof of Intent Without Completed Fraud

Prosecutors do not need to prove that the fraudulent act was successful or resulted in financial gain. Simply having the intent to deceive or defraud is sufficient to establish guilt.

For example, imagine a person finds a signed legal document, such as a lease agreement, and alters the terms to falsely show that they are entitled to reduced rent. If they present the altered document to the landlord, they can be charged with forgery even if the landlord identifies the forgery and refuses to honor the altered terms. The crime of forgery occurs because the defendant intended to deceive and gain an unlawful benefit, regardless of whether they succeeded.

Penalties for a Forgery Conviction

Misdemeanor Forgery Penalties

If the value of the forged document or loss is less than $950, and the defendant does not have a significant criminal record, the offense is typically charged as a misdemeanor. Penalties for misdemeanor forgery include:

• Up to 1 year in county jail
• Fines of up to $1,000
• Probation for up to 3 years
• Restitution to the victim for financial losses caused by the forgery
• Community service

Felony Forgery Penalties

Forgery is charged as a felony in cases where the value of the forgery exceeds $950, the defendant has prior forgery or fraud-related convictions, or the forgery involved certain sensitive documents (e.g., legal contracts or government-issued IDs). Penalties for felony forgery include:

• 16 months, 2 years, or 3 years in state prison
• Fines of up to $10,000
• Probation for up to 5 years in lieu of incarceration in some cases
• Restitution to compensate victims for their financial losses

Aggravating Factors

Certain aggravating factors can lead to enhanced penalties for forgery convictions, significantly increasing the severity of the consequences. Repeat offenses are a primary consideration; individuals with prior forgery or theft-related convictions are likely to face harsher punishments. The severity of the fraud itself also plays a role, particularly in cases involving high-value forgeries or substantial financial harm to multiple victims.

Additionally, forgery that involves federal documents, large monetary amounts, or is committed in conjunction with other federal crimes can escalate the case to a federal level. In such situations, penalties may include fines ranging from $10,000 to $25,000 and federal prison sentences of 5 to 10 years. These aggravating factors highlight the importance of a robust legal defense to mitigate potential penalties and protect the accused’s future.