Forgery may sound like an old-fashioned crime involving handwritten signatures or fake documents, but in California, it’s a serious offense with modern implications. From altered checks and falsified contracts to forged medical records or digital signatures, a forgery charge can lead to jail time, steep fines, and long-term consequences for your career and reputation.
At Simmons Wagner, LLP, we represent clients throughout Southern California who are facing white-collar and fraud-related charges, including forgery. If you’ve been accused, understanding what the law actually requires the prosecution to prove—and how your defense can respond—is critical.
What Counts as Forgery in California?
California Penal Code § 470 defines forgery as knowingly signing, altering, or creating a written document with the intent to defraud. That “written document” can include a wide range of materials, such as:
- Checks and money orders
- Contracts or deeds
- Wills and powers of attorney
- Driver’s licenses or ID cards
- Medical documents or prescription slips
- Digital records or e-signatures
It’s not just about creating a fake signature. If you present a real document that’s been altered without authorization—or if you misrepresent information in writing with the intent to deceive—you could be facing forgery charges.
What the Prosecution Has to Prove
In order to convict someone of forgery, the prosecution must demonstrate all of the following elements:
- The defendant knowingly and intentionally signed, altered, created, or used a written document
- The document was falsified in some way or not lawfully authorized
- The defendant acted with the intent to defraud
The key here is intent. If you mistakenly signed something, were unaware of the document’s contents, or had no plan to deceive or cause loss, the prosecution may have a hard time meeting the burden of proof.
Common Scenarios That Lead to Forgery Charges
Many people are surprised to find themselves accused of forgery, especially if they believed their actions were harmless or part of a gray area. Some common examples include:
- Signing a family member’s name on a check “as a favor” without explicit permission
- Altering a document after it’s been signed (such as changing a date or amount)
- Creating fake pay stubs to secure a loan or apartment
- Falsifying employee hours or credentials
- Submitting doctored records to insurance or government programs
Even if no one suffered actual financial loss, intent to defraud is enough to lead to charges.
Misdemeanor or Felony? It Depends
Forgery is a wobbler offense in California, meaning it can be charged as either a misdemeanor or felony depending on:
- The value of the fraud involved
- The defendant’s criminal history
- The sophistication of the scheme
If the value involved is $950 or less and you have no prior serious offenses, forgery may be charged as a misdemeanor, with penalties including up to one year in county jail and fines. Felony charges, however, can lead to up to three years in state prison, larger fines, probation, and restitution.
Defense Strategies That Work
At Simmons Wagner, LLP, we use a range of legal strategies depending on the facts of your case. These may include:
- Lack of Intent: You didn’t mean to deceive or cause harm.
- Consent: You had permission to sign or alter the document.
- Mistaken Identity: You weren’t the one who committed the act.
- Illegal Search or Seizure: Evidence was collected in violation of your rights.
We also work to negotiate reductions, diversion programs, or even full dismissals for first-time, non-violent offenders.
Accused of Forgery? Contact Simmons Wagner, LLP Today
If you’re facing forgery charges in Southern California, the decisions you make right now could affect your freedom, finances, and future. Call (949) 439-5857 for a confidential consultation with Simmons Wagner, LLP. We’ll review your case, explain your options, and fight to protect your name and your rights from day one.