Proposition 47 has revolutionized many aspects of the criminal justice system in California, and ripple effects caused by the passage of this monumental piece of legislation continue to be felt throughout the nation. One common question we often receive here at the Chambers Law Firm is:
Has forgery been affected by Proposition 47?
In a word, yes. It definitely has.
Forgery: a Wobbler Crime
Previously, forgery was a crime that was considered a “wobbler”—meaning that it could be charged as a felony or misdemeanor. Prosecutors would weigh the circumstances of the case and determine the likelihood of conviction, weighing the pros and cons of charging the crime as a felony or misdemeanor and choosing one or the other.
Those who were arrested on a forgery charge would often feel like they were in limbo when they didn’t know whether they were facing a misdemeanor or felony charge. While both categorizations can be incredibly detrimental, felony charges often carry the penalty of jail time, steeper fines, and more social stigmatization. Not knowing if a forgery would be charged as a felony or misdemeanor crime understandably kept many defendants up at night.
Take your stress levels down a notch
But now defendants have one less major thing to worry about, because as a result of the passage of Proposition 47 by California voters in November 2014, forgery is now a much more cut-and-dry charge. If the amount of money affected by the alleged forgery is less than $950, the charge will automatically be a misdemeanor. If the amount of money is more than $950, it’ll be a felony—simple as that.
There are still some less-common circumstances that may result in a felony charge when the amount of money affected was less than $950, but by-and-large, the vast majority of cases will conform to Proposition 47 sentencing requirements. Forgery offenses related to a check, bond, bank bill, note, traveler’s check or money order that do not exceed $950 are automatically charged as misdemeanors.
No more overly harsh sentences for forgery
This is great news for forgery defendants because they don’t have to hope that prosecutors and judges will be lenient with their sentences—they will have to be according to Proposition 47. It takes a lot of the potentially devastating effects of harsh sentencing out of the equation.
Proposition 47 expert lawyer: Dan Chambers
If you have a forgery case or any other case related to Proposition 47, get a lawyer who specializes in Proposition 47 cases on your side ASAP. Time is incredibly valuable when it comes to building your defense strategy, so schedule a free consultation with Dan Chambers of the Chambers Law Firm today by calling 714-760-4088, emailing dchambers@clfca.com, or sending an online message via the chat box below.
