Orange County Forgery Defense Attorneys
WHITE COLLAR CRIME CHARGES
Forgery
White collar crime includes a wide range of offenses, which can be minor or complex, as in many types of fraud schemes. Forgery is a type of white collar crime and a form of fraud. By definition, forgery is the production of false or fraudulent writing, documents, artwork or other objects with intent to defraud. The most common act of forgery is signing someone else's name without their consent in order to attain some type of personal gain. Forgery may be accomplished by alteration, adaptation or complete imitation of a genuine work. In any case, forgery is in violation of both state and federal laws and can carry severe penalties.
Forgery Laws in California
To "defraud" means to deprive another of money, rights or property by deception. Under California forgery laws, the crime is only considered forgery if the intent to defraud exists. According to Section 470 of the California Penal Code, forgery is committed if a person does any of the following with intent to defraud:
- Signs the name of another person, or a fictitious person on any bond, check, bank bill or note, traveler's check, cashier's check, money order, promissory note, certificate of ownership, certificate of stock shares, letter of attorney, any notarized document, or other documents;
- Counterfeits or forges the handwriting or seal of another person;
- Corrupts, alters or falsifies any record of a will, codicil, conveyance or any record of court judgment;
- Falsely and knowingly makes, forges, alters, counterfeits, publishes, distributes, and passes, offers or attempts to offer to pass as genuine items such as those listed in 1), as well as a county order or warrant, request for the payment of money, bill of exchange, receipt for goods or money, contract for money or property, passage ticket, trading stamp, driver's license or other state identification card, book of records, medical records, the seal of the state or any public officer, and other items.
The possession or receipt of any known forged item with the intent to pass or publish in any manner is also illegal.
Penalties
The penalty for a forgery crime in California is dependent on the circumstances of the crime. Forgery may carry either a misdemeanor or felony charge. For a misdemeanor forgery conviction, the offender would be subject to a maximum one year imprisonment in a county jail and/or a $1,000 fine. If convicted of felony forgery, however, the offender may be subject to 16 months, two years or three years imprisonment in state prison as well as a maximum $10,000 fine. A convicted forger may also be ordered to pay restitution to victims.
Innocent Until Proven Guilty
In order to get a conviction, prosecutors must prove that the suspect committed an act of forgery as identified under California law and that he or she did so with the intent to defraud. The latter is very difficult to prove. Oftentimes, the evidence is circumstantial and/or misleading. Some forgery cases are even based on misunderstandings. As an experienced Orange County forgery defense attorney, Jeremy N. Goldman knows what to expect from the prosecution and uses that knowledge to build the strongest possible defense on his clients' behalf. If you have been accused of forgery in California, contact Mr. Goldman today for a consultation at (800) 349-1619.
