Forgery

Forgery, as defined under California Penal Code 470 PC, represents a serious white-collar crime with potentially severe repercussions. In the bustling metropolis of Los Angeles, where financial transactions and legal documentation are ubiquitous, forgery cases are pursued with vigor. If you or someone you know is facing allegations of forgery, it is imperative to secure experienced legal counsel without delay. Michael Kraut, a seasoned Los Angeles white-collar attorney and former prosecutor from the Major Frauds Division, brings a unique perspective and unparalleled expertise to these complex cases. His background, coupled with his Harvard Law School education, equips him to provide a robust and strategic defense. At Kraut Criminal & DUI Lawyers, we understand the intricacies of forgery law and are committed to protecting your rights and reputation.

California Penal Code 470 PC criminalizes the act of knowingly falsifying, altering or creating any written document with the intent to defraud. This encompasses a broad spectrum of activities, including but not limited to:

• Falsification of Signatures: Signing another person's name without their explicit authorization.
• Document Alteration: Modifying existing documents, such as checks, contracts, or legal instruments, to misrepresent their original content.
• Creation of Counterfeit Documents: Fabricating entirely new documents, such as fake identification cards, currency, or legal agreements.
• Presentation of Forged Documents: Using or attempting to use a forged document with the intent to deceive or gain an unlawful advantage.

The essence of forgery lies in the element of intent. It is not merely the act of altering or creating a document, but the accompanying intent to defraud that constitutes the crime.

To secure a conviction for forgery under California Penal Code 470 PC, the prosecution must establish the following elements beyond a reasonable doubt:

• Intent to Defraud: This is the cornerstone of forgery. The prosecution must prove that the defendant acted with the specific intent to deceive or defraud another party. This requires demonstrating that the defendant intended to gain an unlawful benefit or cause harm to another person.
• Creation or Alteration of a Document: The prosecution must demonstrate that the defendant either created a false document, altered an existing document, or signed a document without proper authorization. This element focuses on the physical act of falsification.
• Passing or Using the Forged Document: Forgery is not complete until the forged document is presented, used, or attempted to be used to deceive another party. This element highlights the act of putting the forged document into circulation.

Forgery charges can arise from a multitude of situations, including:

• Check Fraud: Signing another person's name on a check, altering the payee or amount, or creating counterfeit checks.
• Real Estate Fraud: Forging deeds, mortgages, or rental agreements to unlawfully transfer or acquire property.
• Identity Theft Related Forgery: Creating or using fake identification cards, driver's licenses, or other personal documents.
• Legal Document Forgery: Falsifying wills, trusts, contracts, or other legal instruments.
• Financial Instrument Forgery: Counterfeiting currency, bonds, stocks, or other financial documents.
• Medical Prescription Forgery: Altering or creating fake prescriptions to obtain controlled substances.
• Digital Forgery: Altering or creating digital documents, including electronic signatures and online records.

It is important to understand that the mere act of creating or possessing a forged document does not, in itself, constitute forgery. The crime is only complete when the forged document is presented, used, or attempted to be used with the intent to defraud. For example, creating a fake check at home does not constitute forgery until an attempt is made to cash or deposit it.

A skilled Los Angeles criminal defense attorney can employ a variety of effective legal defenses to challenge forgery charges, including:

• Lack of Intent to Defraud: This defense challenges the prosecution's ability to prove that the defendant acted with the specific intent to deceive. Evidence of a misunderstanding, mistake, or lack of fraudulent intent can be crucial.
• Authorization or Consent: If the defendant had the owner's permission to sign or alter the document, the act does not constitute forgery. This defense relies on demonstrating that the defendant acted with lawful authority.
• No Use or Passing of the Document: If the forged document was never presented or used, the crime of forgery may not have been completed.
• Insufficient Evidence: The prosecution must prove forgery beyond a reasonable doubt. Weak, circumstantial, or unreliable evidence can be challenged effectively. Forensic evidence, such as handwriting analysis or fingerprint evidence, may be contested.
• Entrapment: If law enforcement induced the defendant to commit forgery, this defense can be raised.
• Mental Incapacity: If the defendant lacked the mental capacity to form the intent to defraud, this defense may be applicable.

Forgery under Penal Code 470 PC is a "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony, depending on the specific circumstances of the case. Factors influencing the charging decision include:

• The amount of financial loss involved.
• The defendant's prior criminal record.
• The vulnerability of the victim.
• The complexity and sophistication of the crime.

Misdemeanor Forgery Penalties:

• Up to one year in county jail.
• A fine of up to $1,000.
• Probation, including community service and restitution.

Felony Forgery Penalties:

• 16 months, two years, or three years in state prison.
• A fine of up to $10,000.
• Restitution to the victim.
• Potential sentence enhancements for significant financial loss or prior convictions.

Forgery can have severe collateral consequences, particularly for non-U.S. citizens, as it is considered a crime of moral turpitude, which can lead to deportation. Additionally, California's Three Strikes Law can significantly increase penalties for repeat offenders, potentially resulting in life imprisonment.

Forgery and Related Offenses: Overlapping Criminal Conduct

Forgery often intersects with other white-collar crimes, including:

• Identity Theft (PC 530.5).
• Grand Theft (PC 487).
• Embezzlement (PC 503).
• Check Fraud (PC 476).

If you are arrested or under investigation for forgery, take the following steps:

• Remain silent and do not speak to law enforcement without legal representation.
• Avoid making any statements that could incriminate yourself.
• Preserve any evidence that may support your defense.
• Contact an experienced Los Angeles forgery defense attorney immediately.

Forgery charges can have devastating consequences. Do not face these allegations alone. Michael Kraut and the team at Kraut Criminal & DUI Lawyers are dedicated to providing aggressive and effective legal defense. Contact us today for a confidential consultation.