Forgery is one of those crimes that sounds simple—faking a signature or altering a document—but under California law, it can quickly escalate into a serious felony with life-changing consequences. Many people charged with forgery are shocked to discover just how broad the statute is and how aggressively prosecutors pursue these cases. At Simmons Wagner, LLP, we’ve seen firsthand how allegations of forgery can disrupt careers, reputations, and families—and we know what it takes to build a strong defense.
What Forgery Means Under California Law
California Penal Code §470 defines forgery as the act of knowingly signing, creating, altering, or using a written document with intent to commit fraud. Common examples include:
- Falsifying or altering checks
- Signing another person’s name without permission
- Creating or modifying contracts, deeds, or wills
- Producing counterfeit IDs or legal documents
Even when no money changes hands, the mere attempt to defraud can result in criminal charges.
Misdemeanor vs. Felony Forgery
One of the most stressful aspects of a forgery charge is not knowing how severely it will be punished. Forgery in California is considered a “wobbler” offense, meaning it can be charged as either a misdemeanor or felony depending on factors like:
- The amount of money involved
- The type of document forged
- The defendant’s prior criminal history
- The presence of aggravating circumstances, such as forgery connected to larger fraud schemes
A misdemeanor conviction can lead to up to a year in county jail, while felony forgery can carry prison sentences of up to three years—not to mention steep fines and lasting damage to your record.
How Prosecutors Build Their Case
To secure a conviction, prosecutors must prove beyond a reasonable doubt that you:
- Signed, altered, or created a written document, and
- Did so with the intent to commit fraud.
Evidence often includes handwriting analysis, electronic records, witness testimony, and financial documentation. In some cases, prosecutors will argue intent even if no financial loss occurred, making it critical to challenge both the evidence and the narrative.
Possible Defenses Against Forgery Charges
A strong defense strategy depends on the unique circumstances of your case, but common approaches include:
- Lack of intent – Proving there was no fraudulent purpose behind the action.
- Consent – Showing you had permission to sign or alter the document.
- False accusations – Demonstrating that the allegations are based on misunderstanding, bias, or outright fabrication.
- Insufficient evidence – Challenging weak or unreliable handwriting analysis, digital forensics, or witness credibility.
At Simmons Wagner, LLP, we analyze every angle to identify weaknesses in the prosecution’s case and fight for the best possible outcome.
Why Early Legal Help Matters
Forgery cases often start with financial institutions, employers, or government agencies flagging irregularities. By the time charges are filed, investigators may already have built a substantial case. That’s why reaching out to a defense attorney as early as possible is critical. Early intervention allows us to:
- Advise you on how to handle questioning or searches
- Begin collecting counter-evidence before it disappears
- Negotiate with prosecutors to potentially reduce charges or avoid filing altogether
Trust Simmons Wagner, LLP With Your Forgery Defense
Being accused of forgery doesn’t have to define your future. At Simmons Wagner, LLP, our attorneys draw on years of experience as former prosecutors to anticipate the government’s tactics and craft effective defenses. Whether you’re facing a misdemeanor or felony charge, our goal is always the same: to protect your rights, minimize the consequences, and fight for your freedom.
If you’ve been accused of forgery in California, call (949) 439-5857 today to schedule a confidential consultation with Simmons Wagner, LLP. The sooner we get involved, the stronger your defense can be.