Defenses to Forgery in California

The Most Successful Defenses if You’re Charged with Forgery in California

Defenses to Forgery in California

In today’s world, a signature is required for all kinds of transactions. You squiggle your name on electronic receipts every day. Often spouses or close family members may not think twice about signing documents for each other, particularly for minor or everyday transactions. However, in some cases, a simple signature may result in a criminal charge for forgery.

What is Forgery in California?

You can be arrested for forgery if you do any of the following with an intent to defraud:

  • Sign the name of another person or a fictional person on a document.
  • Use someone else’s handwriting or seal on a document.
  • Falsify or alter the record of legal documents like a will, conveyance, or court judgment.
  • Producing counterfeit versions o various types of financial or government documents, such as a “fake ID” or driver’s license.

“Intent to defraud” means that your goal was to obtain money through deception. So, a common way to defend against forgery charges is to argue that you didn’t mean to deceive anyone.

Defenses Against Forgery – Consent

If you signed another person’s name on a document because they wanted you to do so, you have a defense to a forgery charge. A criminal defense attorney could argue that you did not act with the intent to defraud.

Evidence to support this defense can include a statement from the person whose signature was used. Sometimes, people may believe they’ve given “power of attorney” to another when one has not been formally filed with a court.

Defenses Against Forgery – No Benefit

There are also circumstances where you make a false signature out of convenience and don’t gain a financial benefit. For example, if someone signs and cashes checks on behalf of an elderly relative who can’t make it to the bank but then gives the full amount to that relative, the signer has not gained any financial benefit. Because they didn’t profit from the transaction, they can likely show they didn’t intend to defraud the relative or the bank.

Defenses Against Forgery – Mistaken Identity

Sometimes the police go after the wrong person, even with forgery charges. Forgery involves mistaken identity by its very nature, and this defense consists of proving that you simply weren’t the person who signed the document.

This defense may be particularly effective if there’s evidence that the document was signed at a particular time or place. For example, there’s often evidence of when a forged check was deposited or used for a transaction. If you have a strong alibi and could not have possibly made the deposit or transaction in question, mistaken identity is a solid defense.

Forgery – Possible Penalties

Forgery may be charged as a misdemeanor or a felony in California. Transactions involving amounts of less than $950 will typically be charged as a misdemeanor, with a possible jail sentence of up to one year. However, if the transaction involved was for more than $950, it could result in a felony charge and a sentence of between sixteen months and three years in prison.

If you’re facing forgery charges, a skilled criminal attorney in Riverside, CA, can help you pursue one of these defenses, or another defense, if it is stronger. Experienced defense lawyers know how to review the circumstances of individual cases and identify the best way to defend each client.

It is often more challenging for prosecutors to prove specific intent crimes such as forgery. The Chambers Law Firm can help introduce evidence that proves you lacked the necessary intent to defraud to be convicted of the crime. Reach out today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a member of our team.

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