Forgery

Forgery goes beyond signing another person’s signature on a document. It involves your intent to defraud the second party by altering, erasing, destroying, or creating documents without consent. If convicted, you will spend time in jail and pay fines. Also, a conviction on your criminal record can hold you back from securing lucrative employment opportunities, affordable housing, and the life you want.

If facing forgery charges, you should seek skilled Long Beach legal representation. California Criminal Lawyer Group can work aggressively to collect and analyze evidence, develop the most effective legal defenses, and ensure you obtain the best possible case results.

How Does PC 470 Define California Forgery?

PC 470 defines forgery as falsifying a seal or signature or faking documents with fraudulent intent.

Before convicting you, the prosecutor must prove the following elements of the crime:

• You falsely made, signed, or materially changed writings covered by PC 470.
• You acted so planning to commit fraud.

1. Writings Covered by California Forgery Law

Although PC 470 covers an extensive list of documents subject to California forgery, they can be classified into three main categories, including:

Faking a Handwriting or Seal

A person can be found guilty of forgery when they fake another person’s handwriting or seal that allows them to create or alter documents to defraud another person’s property or money.

Signing Another Person’s Name to Documents

PC 470 makes it unlawful to sign documents with another person’s name without consent. The prosecutor must prove that you intentionally engaged in criminal activity to verify your guilt.

Some of these documents include the following:

• Bonds and stocks.
• An agreement to pay funds.
• An agreement associated with exchanging goods.
• Different types of checks.
• Documents that can permit assets or money to change hands.

Changing or Faking Certain Documents

You are also guilty of forgery for faking or altering legal documents like:

• Court orders.
• Deeds and conveyances.
• Wills.

2. The Intent to Defraud

The second element the prosecutor should demonstrate is that you intended to deprive the owner of their asset or money. Please note that you do not have to have received the property or funds involved. Merely participating in the conduct to defraud is adequate.

Since intent could be challenging to verify, the prosecutor will depend on circumstantial evidence. They will consider your actions, relationships, and statements linked to the allegations. During the trial, they will request the jurors to infer the intent.

Criminal Penalties, Consequences, and Sentencing

California forgery is a wobbler. The crime can be prosecuted as a California misdemeanor or felony, depending on the case facts.

The violation of PC 470 is a misdemeanor if the fake document is a money order, check, or a similar instrument whose value does not exceed $950. The misdemeanor carries the following penalties:

• Summary probation.
• Up to one thousand dollars in fine.
• A one-year county jail sentence.

On the other hand, a felony attracts:

• A felony probation.
• Three years of incarceration in county jail.
• A ten-thousand-dollar maximum fine.

Negative Immigration Consequences

Violating the PC 470 statute is a crime involving moral turpitude. CIMT can lead to an immigrant being marked inadmissible or deported.

If you are inadmissible, you cannot:

• Apply for permanent resident status like a green card.
• Re-enter the United States after leaving.
• Naturalize for the U.S. citizenship.
• Apply for adjustment of status.

Also, a felony conviction of a CIMT can be used to impeach you as a witness. In other words, the jury will question your credibility and testimony.

Loss of Firearm Rights

A felony PC 470 conviction can also affect your firearm rights. California law makes it unlawful for convicted felons to own, possess, or purchase a gun.

Legal Defenses to PC 470 Criminal Charges

Your defense lawyer will collect and review the circumstances of your case to determine the most effective legal strategies. Some of the common defenses include the following:

You Did Not Intend to Defraud

One of the elements of the crime that the prosecutor must prove beyond a reasonable doubt is the intent to defraud. Therefore, it is a legal strategy for you to prove you did not behave with this intent.

You can argue that you forged signatures or legal documents as a prank.

You Were Falsely Accused

Forgery cases often stem from complicated legal or business dealings and happen in work settings. Therefore, it is common for an individual to falsely accuse another of forgery to conceal their guilt. In this case, proving that the accuser unjustly blamed you is a legal defense.

Coerced Confession

You could use coerced confession as your defense if you were prosecuted for forgery after a confession.

The law bans law enforcers from using overbearing steps to coerce confessions. If you can prove that the officers forced you to confess, then:

• The court can exclude your confession from proof, or
• Drop your criminal case if the police forced you to confess to an offense you did not commit.

Related Crimes

Discussed below are crimes that can be charged alongside or instead of forgery.

Forging Credit Card Information

You violate PC 484f when you:

• Alter a debit or credit card.
• Create a counterfeit debit or credit card.
• Sign another person’s name during a debit or credit card transaction without the individual’s permission.

Please note that in all these scenarios, you should have acted intending to defraud.

A violation of PC 484f is a wobbler. You will be imprisoned for a year if you are charged with a misdemeanor and subsequently found guilty. On the other hand, a felony carries three years in state prison.

Check Fraud

PC 476 defines check fraud as making, uttering, publishing, or passing a fraudulent or fake check seeking to acquire something valuable.

The crime is a wobbler. A California felony carries three years of incarceration in jail, while a misdemeanor attracts a year in jail.

Making or Selling Counterfeit Goods

California PC 350 makes it an offense to possess, manufacture for sale, or sell fake trademarks. In layman’s language, the statute punishes defendants who sell, make, or intend to sell “knock-off” versions of branded goods.

Unlike forgery, this crime does not involve proving intent to defraud.

Typically, PC 350 is prosecuted as a misdemeanor but can become a felony if the number of fake goods exceeds 1,000 units, or the value of these goods exceeds $950.

A misdemeanor carries a year in county jail, while a felony is punishable by three years in state prison.  

Statute of Limitations (SOL) for California Forgery

The statute of limitations is the timeframe the prosecutor has for filing criminal charges against a defendant.

The SOL for California forgery depends on whether the alleged crime is a misdemeanor or a felony. The prosecutor has four years to file felony charges after you committed the crime or they discovered its commission (whichever is later). On the other hand, the time limit to bring misdemeanor charges is a year following the crime commission.

The rationale of SOL is to keep defendants from defending themselves from criminal charges that happened a long time ago, which makes it challenging to defend themselves effectively. Typically, the evidence will be unavailable, making it impossible for the defendant to establish their innocence. It violates the accused’s rights when they receive due process under the laws and the entitlement to receive a fair trial if the prosecution occurred under these conditions.

Arguing that the SOL has run is a viable defense against the charge. However, you can waive the right to use it as a legal defense if it is not presented before the trial starts. To successfully use the SOL defense, your criminal defense attorney must demonstrate that the prosecution filed the criminal indictment or complaint after the SOL expired.

Expunging Your Forgery Crime

If you have been convicted of PC 470, securing employment or housing and moving forward with your life can be challenging. Many landlords and employers often run background checks revealing your criminal history. That means getting your criminal record expunged can significantly affect the quality of your life.

In layman’s language, expungement releases you from consequences related to the conviction.

One significant impact on your life after an expungement is assistance acquiring employment. You do not have to reveal your conviction on an employment application, and the law prohibits potential employers from discriminating against you for having your records expunged.

Other benefits of obtaining an expungement include the following:

• It is easier to acquire state professional licenses.
• Your expunged conviction cannot be used to impeach your credibility as a witness in court.
• It can sometimes help avoid adverse immigration consequences like deportation.

However, expunging a PC 470 conviction cannot restore your lost firearm rights or prevent the previous conviction from enhancing the penalties of your subsequent crime.

Expungement Eligibility

You qualify for expungement for your PC 470 crime as long as:

• You completed probation.
• You are not currently on probation for an offense, serving time, or prosecuted with a crime.

Completing probation means:

• Complying with your probation terms like paying fines, restitutions, participating in community service, or enrolling in a counseling program.
• Attending all required court hearings.
• Not committing another crime while serving probation.

Sometimes, you can expunge your record even if you violate your probation terms. The court will hold a hearing to decide whether to grant your expungement petition.

A Step-by-Step Guide on Filing for Your Expungement

Since you know the benefits of expungement, you might wonder what the essential application steps are. Here is a guide on filing for expungement:

1. Seek Legal Assistance

You will succeed significantly throughout your application process, provided you have legal representation. Your knowledgeable criminal defense lawyer can help you complete the necessary application requirements.

During your expungement hearing, the court will raise reasons to deny expungement, and you will want to be prepared to respond to them. Your attorney will help you prepare for the hearing by collecting essential evidence and presenting copies of your statement and documentation.

2. Acquire and Fill Out the Necessary Forms

You should determine the necessary forms.

If you want to expunge your California misdemeanor conviction and have completed probation, you should bring a Petition to Dismiss a misdemeanor per Penal Code Section 1203.4 PC.

If you are yet to complete probation, you should bring a Motion to Terminate Probation. If the judge denies this motion, you should bring a Petition for Dismissal. You can find the form at your local courthouse. You and your defense attorney can draft your petition if the form is unavailable.

If you want to expunge your PC 470 felony conviction, you should reduce the felony to a California misdemeanor before filing your Petition to Dismiss the Misdemeanor.

Submitting documents like proof of community service or character references can strengthen your expungement petition.

3. Filing Your Expungement Petition

After filling out the necessary forms, you should file them with the jurisdiction that heard your case. Some expungement applications should be submitted in person or mailed. The jurisdiction should respond within five (5) months.

 Each court has its fees and policies.

Proper timing is crucial as far as filing your application is concerned. For instance, you should give the prosecution a notice more than fifteen days before your expungement court hearing. It allows the prosecution to review your matter and object if desired.

4. Expungement Hearing

The expungement hearing will be held before a judge and will take approximately ten minutes. Ensure you are punctual for the hearing and dress and conduct yourself appropriately.

The judge will consider the factors below when determining your expungement eligibility:

• Your parole status.
• Whether you have committed another crime.
• Community involvement and service.
• The ability to secure and maintain employment.

If the judge grants the petition, you will sign a form from a Superior Court Judge indicating your conviction and case dismissal. It allows you to claim that you do not have a criminal history unless you are:

• Running for a public office.
• Applying for state professional licenses.
• Plan to work for the California Lottery Commission.

Please note that the public can still access your criminal records unless you have the records sealed.

If the court denies the expungement application, you can ask why it denied it and the requirements to grant the petition. After six (6) months following the petition denial and making the essential changes, you can refile the petition.

Early Probation Termination

The earlier you terminate your probation, the earlier you can expunge your forgery conviction and enjoy the benefits of expungement, including seeking employment without potential employers discriminating against you.

Early termination of probation also eradicates the risk of violating your probation terms. If you are accused of another offense while on probation, the judge can sentence you, irrespective of whether you committed the crime. Also, a probation violation is not entitled to a jury trial.

Per Penal Code Section 1203.3 PC, the judge can terminate at any time during your probation term. However, the judge should not terminate probation until the defendant has completed either:

• A year of summary probation sentence, or
• Eighteen months of a formal/felony probation sentence.

Your case circumstances can also justify an earlier or later probation termination, depending on whether the court thinks justice has been served.

Bringing a Termination of the Probation Motion

To obtain this relief, you and your criminal defense lawyer should file a motion with the court and the prosecutor more than two days before the date of the scheduled court hearing.

Your defense attorney should talk to the prosecution about the criminal case. It allows the legal counsel to explain that you qualify for early termination of probation and request their support for the motion.

The judge will often hold a separate court hearing before agreeing to terminate the probation early. The judge uses the hearing to learn more about your:

• Probation terms.
• Criminal record or history.
• Criminal charges.
• Behavior while on probation.
• Whether you violated your probation.

Typically, judges grant the petition if:

• The defendant adhered to their probation conditions.
• The accused did not commit another crime.
• The defendant exhibited good conduct while on probation.

Being granted early termination serves the best interests of justice

The judge can also grant the motion if the defendant can prove that they would undergo hardship if they continued on probation. These hardships can include probation:

• Restricting the ability to travel.
• Preventing you from securing employment.

Your defense attorney can appear in the court hearing on your behalf. However, depending on the circumstances of your case, attending would be in your best interests. You should discuss the matter with the lawyer before bringing your motion.

Reducing Your Felony to a Misdemeanor

Since forgery is a California wobbler that carries probation as a potential penalty, you file a petition to reduce your felony charge to a misdemeanor charge.

You can reduce your felony to a California misdemeanor at any of the points below:

• The end of your preliminary hearing.
• During your felony sentencing.
• After completing your probation.

And if you are currently serving formal probation, your attorney can file a petition with the court to drop the felony to a California misdemeanor following completion of probation. They can assist you in obtaining early termination of probation to expedite the process.

When determining whether to grant the Penal Code 17b felony reduction, the court will consider the following factors:

• The nature of your alleged crime.
• The case facts.
• Whether you adhere to the probation terms.
• Your personal history.
• Your criminal records.

Sometimes the prosecution can object to the reduction, something the judge could or could not consider.

Importance of Reducing Your Felony to a Misdemeanor

A California felony conviction is more severe than a misdemeanor and attracts more collateral consequences. Collateral consequences are limitations and penalties from outside the California criminal justice system. They can make your life difficult and last for years after you serve time.

Common collateral consequences attracted by a felony conviction, but not a misdemeanor, include the following:

Losing the entitlement to use, possess, own, or purchase a gun.

Having to admit to a previous felony conviction on your apartment or job applications.

Challenges obtaining government aid like student grants or loans.

Please note that some professional licensing authorities, like the State Bar of California, will still consider your felony conviction as a felony even after reducing the felony conviction to a misdemeanor. 

Frequently Asked Questions

At California Criminal Lawyer Group, we recognize that you probably have many questions considering your criminal case. We have previously handled many cases and know how stressful this time can be for you. We aim to ensure you receive answers to your questions, your concern is addressed, and you receive the representation you deserve to obtain a favorable case outcome. Some of the common questions our knowledgeable legal team has answered include the following:

1. How Long Does a Forgery Criminal Case Last?

There is no definite answer to this question because many factors determine how long the criminal case will take to close, including:

• Your criminal history.
• The county in which you were charged.
• Whether you are charged with a felony or a misdemeanor (Felonies take longer).
• How complicated the case is.

2. Do You Require a Criminal Defense Attorney?

Most people under investigation for committing white-collar crimes believe that speaking with the prosecutor without their criminal defense attorney present can convince the prosecutor of their innocence. Other defendants think they will look guilty if they hire an attorney.

Law enforcers understand that it is normal for a person to seek legal representation after learning of the criminal charges. Additionally, whatever you tell the prosecution team can be used against you in court.

3. When Should You Hire a Criminal Defense Attorney?

You should hire a lawyer as soon as possible.

Retaining a lawyer early is essential, especially before the prosecutor brings formal charges. At this stage, the prosecutor has not decided on your charges. Your experienced defense lawyer can persuade them not to file the charges or bring a less severe criminal charge.  

Find a Skilled White Collar Crime Defense Attorney Near Me

Like most white-collar crimes, forgery charges involve lengthy law enforcement investigations and carry severe penalties. If accused of violating PC 470, you should retain a Long Beach attorney immediately. At California Criminal Lawyer Group, we can skillfully protect your rights. We understand the complexity of these criminal charges and can develop a convincing legal defense and represent your interests during the trial. We can act proactively to resolve your case in a manner that minimizes the severity of the consequences. Please contact us at 562-966-8120 to arrange your no-cost initial consultation.