Forgery is the act of altering, creating, or using a document with the intent to deceive. In California, it is treated as a serious offense and can be classified as either a misdemeanor or a felony depending on the specific circumstances. Whether you’re facing charges or simply want to understand the legal implications, knowing how California law treats forgery is critical.
This guide covers definitions under state law, how the charge is determined, what penalties you might face, available defenses, and post-conviction relief options.
What Is Forgery in California?
Under California Penal Code Section 470, forgery includes acts such as:
Signing someone else’s name without authorization
Faking handwriting or official seals
Altering legal documents like wills, contracts, deeds, checks, or identification
To be convicted, the prosecution must prove that the defendant knowingly and intentionally altered or created a document with the intent to defraud someone else.
Misdemeanor vs. Felony: How the Charge Is Decided
Forgery in California is typically a “wobbler,” meaning it can be charged either as a misdemeanor or a felony. The decision rests with the prosecutor and is influenced by several factors:
The value and type of document involved
Whether money or property was lost
The defendant’s criminal history
The complexity of the fraud scheme
If charged as a misdemeanor, penalties may include up to 1 year in county jail, fines up to $1,000, restitution to victims, and informal probation.
If charged as a felony, the potential penalties increase significantly: up to 3 years in state prison, fines up to $10,000, restitution, and formal probation.
The $950 Rule and Impact of Proposition 47
A key factor in determining whether forgery is a felony or misdemeanor in California is the value of the financial loss.
If the forged instrument is a check, money order, or other financial document worth $950 or less, it must generally be charged as a misdemeanor under Penal Code Section 473, provided the accused does not have certain prior convictions. This rule was introduced as part of Proposition 47, passed in 2014 to reduce penalties for non-violent property crimes.
However, repeat offenders or individuals with a criminal history involving violent or serious felonies can still face felony charges, even if the value involved is below $950.
What Prosecutors Must Prove
To convict someone of forgery, the prosecution must prove three key elements:
The defendant knowingly altered, created, possessed, or used a false document
The document had legal, financial, or evidentiary value
The defendant had the specific intent to defraud
Accidental mistakes, honest misunderstandings, or lacking intent to defraud are typically insufficient for a conviction.
Common Legal Defenses
Several legal defenses may be used to challenge forgery charges in California:
Lack of intent: If the defendant did not intend to defraud, the charge may not hold.
Authorization: If the defendant had permission to sign or modify the document, it may not be considered forgery.
False accusations: Defendants may argue that they were wrongly accused or mistaken for someone else.
Unlawful search or seizure: If key evidence was obtained in violation of constitutional rights, it may be excluded from trial.
Each defense depends on the specific facts of the case. A criminal defense attorney can assess the strength of each and build a strategy accordingly.
Aggravating Factors and Sentence Enhancements
Certain aggravating circumstances can lead to more severe penalties for forgery:
Forgery resulting in large financial losses, especially over $100,000, can result in enhanced penalties under California’s “white collar crime enhancement” statute (Penal Code 186.11).
Cases involving gangs or organized criminal activity may include additional sentencing enhancements.
Forging public documents or official seals (Penal Code 472) may carry higher penalties than standard forgery.
Prescription fraud under California Health & Safety Code 11368 is also considered a form of forgery and can be prosecuted as either a felony or misdemeanor.
Long-Term Consequences of a Forgery Conviction
Beyond jail or prison time, a forgery conviction can have lasting consequences:
Loss of rights: A felony forgery conviction can lead to loss of voting rights, firearm ownership, and ability to serve on a jury.
Employment: Most employers conduct background checks. A forgery conviction may disqualify individuals from certain positions, particularly those involving finance, security, or public trust.
Professional licensing: Teachers, nurses, real estate agents, and other licensed professionals may face license suspension or revocation.
Immigration consequences: Forgery is classified as a “crime of moral turpitude,” which may trigger deportation, denial of re-entry, or ineligibility for U.S. citizenship.
Housing and loans: Criminal records can make it harder to rent property or qualify for loans.
Statute of Limitations
Time limits apply to criminal prosecutions:
For misdemeanor forgery, charges must generally be filed within one year.
For felony forgery, prosecutors have up to four years to file charges, either from the date the offense was discovered or from when it occurred—whichever is later.
Post-Conviction Options: Expungement and Relief
Even after a conviction, relief may be available.
Expungement: Under Penal Code 1203.4, individuals who successfully complete probation may be eligible to have their record expunged. An expungement doesn’t erase a conviction but can provide significant benefits, including improved job prospects and relief from some civil penalties.
Reduction to Misdemeanor: If convicted of felony forgery for a crime involving less than $950, you may be eligible to reduce the charge to a misdemeanor under Proposition 47.
Record Sealing: In some cases, individuals can petition to seal arrest records if no conviction occurred or if a diversion program was completed.
Conclusion
Forgery in California is a complex offense with potentially serious legal consequences. While low-value forgery involving $950 or less is generally charged as a misdemeanor, various factors—including criminal history and the nature of the document—can elevate the charge to a felony.
Convictions carry not just jail or prison time but long-term consequences affecting employment, housing, immigration, and civil rights. Fortunately, legal defenses exist, and post-conviction relief may help reduce or erase the burden of a forgery charge.
If you or someone you know is facing forgery allegations, it’s vital to speak with an experienced California criminal defense attorney to evaluate the case and determine the best path forward.
