Penal Code 470 PC | California Forgery Law

Our California forgery criminal defense attorneys have local law offices in Los Angeles, San Bernardino, Riverside, and all surrounding Southern California cities.

California Penal Code 470 PC prohibits forgery. Simply put, a forgery takes place when you knowingly alter, create, or use a written document, intending to commit a fraud.¹ In other words, it's essentially creating a new document for your own benefit and gain.

In this article, our California criminal defense lawyers will offer a comprehensive guide to understanding forgery law by addressing the following:

What is California Forgery?

How Does the Prosecutor Prove that I Committed Forgery under California Penal Code 470 PC?

What are the Defenses to California Forgery?

Penalties, Punishment, and Sentencing for California Forgery

If after reviewing this information, you have additional questions or would like more information about California forgery law, please feel free to contact us.

What is California Forgery?

In California, forgery is a type of fraud that is considered both a "white collar" crime and a theft crime. Although most people think of forgery as simply "signing someone else's name", the offense of forgery is actually much more comprehensive.

Forgery occurs when you intend to commit a fraud and:

Sign someone else's name without authorization,

Counterfeit or recreate the seal or handwriting of another without prior approval,

Alter, corrupt, or falsify specific legal written documents, such as a will or court record, and/or

Falsely make, alter, recreate, counterfeit, utter, or publish

Any document or item relating to money, stocks, a sale, transfer, or exchange of goods or property,

Any written document relating to how one intends to dispose of his/her property upon death,

A legal document other than a will or court record (a power of attorney, for example), or

A notarized document.

Just to clarify, the words "utter and publish" mean the same thing. They mean to use or attempt to use an instrument or document either to (1) assert that it is genuine, or (2) represent to someone else that it is genuine.

California forgery law only applies to acts that prejudice, damage, or defraud another out of:

Money,

An interest in property, and/or

Other legal rights.³

How Does the Prosecutor Prove that I Committed Forgery Under Penal Code 470 PC?

In order to convict you under California forgery law, the prosecutor must prove (1) that you engaged in one of the acts listed above, and (2) that you did so with the specific intent to defraud.

As long as these two requirements are met, it doesn't matter

whether the person/entity you intended to defraud was actually defrauded, or

whether you paid that person/entity back or attempted to make restitution for your acts.

All that matters is that you had the intent to defraud when you committed the act.⁴

What is "the intent to defraud"?

If you acted with the "intent to defraud", it means you intended to deceive another person or entity for your own benefit at that person or entity's expense. Making false statements or representations or intentionally concealing or suppressing the truth will evidence this type of intent.

However, as previously mentioned, this deception must be aimed at depriving someone else of a legal right or interest in order to benefit you. Simply creating or altering a false document that has no legal significance won't suffice.⁵

A variety of offenses are made illegal under California forgery law. Credit card theft, government theft, and identity theft may all be prosecuted as violating Penal Code 470.

Let me give you some examples to help illustrate what constitutes California's general crime of forgery.

Signing someone else's name

The most common example of this subdivision of California Penal Code 470 PC concerns forging a check. This is pretty straight forward.

If you endorsed a check made out to Bill (1) without his authority to do so, and (2) with the intent of defrauding him by cashing that check, you would be guilty of California forgery.

Similarly, if you wrote a check to Susie using a check from Bill's checking account (1) without his authority to do so, and (2) with the intent of defrauding him by intending for Susie to cash the check, you would be guilty of California forgery.

Another common way to be prosecuted for California forgery involves credit card fraud. For example, signing a sales slip using Bill's credit card (without his permission to do so) would subject you to a forgery charge. California Penal Code 484f PC (dealing with credit card fraud) could alternatively be filed for the same offense.⁶

Signing a person's name obviously isn't exclusive to check and credit card transactions. There are many more ways in which this type of forgery can occur. We will discuss some of these scenarios below.

It is important to understand that you may be guilty of California forgery by committing an offense under any or all of these subdivisions. The forged act may even qualify under multiple subdivisions (for example, signing someone else's name and forging the handwriting of another).

How the specific act is categorized is, quite frankly, irrelevant, so long as it qualifies as forgery under California Penal Code 470 PC. In fact, the jury doesn't even need to unanimously agree on how you committed forgery, only that you did so.⁷

Counterfeiting or forging the seal or handwriting of another

This type of forgery can occur on any type of document -- legal or not -- so long as you acted with the intention of committing a fraud. This is considered the forgery "catchall" because it will apply to any document that is not elsewhere listed under California Penal Code 470 PC.

Examples of forging or counterfeiting a seal or handwriting include:

Photocopying anything containing a seal and/or handwriting that you intend to fraudulently use as an original,

Creating a new document with the unauthorized use of a "copycat" seal. For example, creating traveler's checks or a false lottery ticket, and

Attempting to or actually recreating someone's handwriting without prior approval. For example, submitting a letter to your company's payroll department authorizing a raise for yourself.

Keep in mind that none of these acts in and of themselves will subject you to a forgery charge unless you intend to commit a fraud with your forged or counterfeited item.

Altering, corrupting, or falsifying specific legal written documents, such as a will or court record

Altering, corrupting, or falsifying a will is the most common offense under this section. Examples of this type of forgery include:

Adding additional information to someone's will without the authorization of the donor,

Writing a will on someone's behalf without permission to do so, and

Signing a will for the person executing it without the authority to do so.

It bears repeating that it is irrelevant if anyone is actually defrauded by your act. The only issue is whether someone could be legally injured if, on its face, the will was received as genuine.⁸

*It should be noted that there are a variety of other crimes that relate to forged wills. Depending on the circumstances of your individual case, you may be charged under those sections as well.

Falsely making, altering, forging, counterfeiting, uttering, or publishing specified documents

This relates to approximately 40 types of documents that qualify under this section. Examples may include:

Making false or misleading statements to obtain genuine signatures on deeds or other paperwork relating to property transactions,⁹

Submitting fraudulent unemployment insurance claims,¹⁰

Passing a "bad" check (knowing that you don't have the funds to cover it),

Knowingly cashing a forged check (even if you didn't personally write it)¹¹

*This example could alternatively be prosecuted under California Penal Code 476 PC -- forgery of checks.

With respect to prosecution, uttering (defined as passing or attempting to pass a forged article as authentic) several forged documents at the same time will only be charged as one offense.

On the other hand, making or forging multiple false documents at the same time may be charged as separate and distinct offenses.¹² This is because each instance of forgery is viewed as one requiring a separate intent to defraud.

Using handwriting experts

When the charge alleges a forged signature or other forged handwriting, handwriting experts are permitted to testify in court. Such a witness may testify as to whether he/she believes that you forged the item(s) in question, provided that he/she

Examined a number of samples of your writing to draw a valid conclusion, and

Qualifies as an expert.¹³

To qualify as an expert, it isn't necessary for the individual to work as a "handwriting expert", only to work in a profession where he/she must frequently compare handwriting.¹⁴ An individual who is readily familiar with your particular handwriting (but who does not qualify as an expert) will not be permitted to testify as to his/her opinion about your writing.¹⁵

It should additionally be noted that the testimony of a handwriting expert is not by itself sufficient to sustain a forgery conviction.¹⁶

As a final note on this subject, writing samples that are offered after charges have been filed will not be admissible. Referred to as "post litem motam", it has been held that these samples may be corrupt.¹⁷ Only samples that were written naturally out of habit will be considered.

Aiding and Abetting under California forgery law

You can also be convicted of Penal Code 470 forgery for aiding and abetting another who does any of the above acts. Even if you're not the one who actively forged the document, if you (1) have knowledge of the forged item(s) and (2) accompany another in passing the item(s) or make misleading statements that contribute to the forger's benefit (at another's expense), you face prosecution under this law.

What are the Defenses to California Forgery?

A number of defenses apply to a criminal forgery prosecution. Your California criminal defense lawyers will always examine your case in an effort to uncover blunders in the arrest/investigation process.

Depending on what your attorney uncovers, he/she may file a variety of motions, seeking to suppress certain evidence. If successful, your charges will typically be significantly reduced, if not dismissed.

With respect to forgery-specific defenses, there are two that will be most effective.

Lack of intent, and

That the alleged document (even if accepted as genuine) wouldn't defraud another out of any rights.

If you didn't possess the "intent to defraud" there is no forgery. Perhaps you thought you had the authority to make changes to a document or to sign another's name. Say, for example, you signed your spouse's name to a check without specific authorization to do so, but the money was spent on family expenses.

Any of these types of arguments support the fact that you didn't have the intent to defraud another. And, once again, if you didn't intend to defraud, you can't be convicted under California laws of forgery.

As for the document itself.if it wouldn't deprive another of a legal right or interest, it isn't considered a forgery under California Penal Code 470 PC. For example:

"Counterfeiting" a seal to create a fake diploma for yourself,

Writing an unauthorized letter of reference or solicitation, or

Attempting to copy a doctor's handwriting on a prescription for yourself,

will not subject you to prosecution for forgery, as none of these examples defraud another out of a legal, monetary, or property right.

Penalties, Punishment, and Sentencing for California Forgery

California Penal Code 470 forgery is a "wobbler" which means that it may be charged as either a misdemeanor or a felony. If convicted of misdemeanor forgery, you face a maximum county jail sentence of one year. If convicted of a felony, you face a California State Prison sentence of 16 months or two or three years.

If you are convicted of felony forgery and have at least one or two prior "strikes" on your record, you will be subject to a significantly greater prison sentence under California's Three Strike's Law.

In addition to a jail or prison sentence, you may be required to

Pay fines of up to $10,000 for a felony (up to $1,000 for a misdemeanor),

Pay restitution to any victims, and

Participate in community service or labor.

Most counties offer an alternative sentencing option if you were charged with passing a "bad" check. These "bad check diversion programs" require that you make full restitution to the victim and attend an 8-hour intervention class. Successfully completing this program prevents you from being criminally prosecuted.

If you have additional questions or would like to confidentially discuss your case, we invite you to contact us. We represent clients accused of forgery in Ventura, Orange County, Beverly Hills, Van Nuys, and in all surrounding Southern California cities.

Legal References:

¹California Penal Code 470: Forgery; Signatures or Seals; Corruption of Records

(a) Every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person to any of the items listed in subdivision (d) is guilty of forgery.

(b) Every person who, with the intent to defraud, counterfeits or forges the seal or handwriting of another is guilty of forgery.

(c) Every person who, with the intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court or the return of any officer to any process of any court, is guilty of forgery.

(d) Every person who, with the intent to defraud, falsely makes, alters, forges, or counterfeits, utters, publishes, passes or attempts or offers to pass, as true and genuine, any of the following items, knowing the same to be false, altered, forged, or counterfeited, is guilty of forgery: any check, bond, bank bill, or note, cashier's check, traveler's check, money order, post note, draft, any controller's warrant for the payment of money at the treasury, county order or warrant, or request for the payment of money, receipt for money or goods, bill of exchange, promissory note, order, or any assignment of any bond, writing obligatory, or other contract for money or other property, contract, due bill for payment of money or property, receipt for money or property, passage ticket, lottery ticket or share purporting to be issued under the California State Lottery Act of 1984, trading stamp, power of attorney, certificate of ownership or other document evidencing ownership of a vehicle or undocumented vessel, or any certificate of any share, right, or interest in the stock of any corporation or association, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release or discharge of any debt, account, suit, action, demand, or any other thing, real or personal, or any transfer or assurance of money, certificate of shares of stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer certificates of shares of stock or annuities, or to let, lease, dispose of, alien, or convey any goods, chattels, lands, or tenements, or other estate, real or personal, or falsifies the acknowledgment of any notary public, or any notary public who issues an acknowledgment knowing it to be false; or any matter described in subdivision (b).

(e) Upon a trial for forging any bill or note purporting to be the bill or note of an incorporated company or bank, or for passing, or attempting to pass, or having in possession with intent to pass, any forged bill or note, it is not necessary to prove the incorporation of the bank or company by the charter or act of incorporation, but it may be proved by general reputation; and persons of skill are competent witnesses to prove that the bill or note is forged or counterfeited.

²On that note, a notary who acknowledges something that he/she knows is false is also guilty of committing a forgery.

³Lewis v. Superior Court, (1990) 217 Cal. App.3d 379 (Unless the consequential harm of the fabrication is a loss, damage, or prejudice of a legal right, generally a pecuniary or property right, there is no harm of the kind to which the statute is directed and hence no forgery.)

⁴People v. Neder, (2d Dist.1971) 16 Cal.App.3d 846 ("The real essence of the crime of forgery, however, is not concerned with the end, i.e., what is obtained or taken by the forgery; it has to do with the means, i.e., the act of signing the name of another with intent to defraud and without authority, or of falsely making a document, or of uttering the document with intent to defraud.")

⁵Lewis, above. ("[I]t is not alone sufficient that there be a writing, and that the writing be false: it must also be such as, if true, would be of some legal efficacy, real or apparent, since otherwise it has no legal tendency to defraud.")

⁶There are a variety of laws that all pertain to forgery. California Penal Code 470 is the most common and the broadest of them all. However, there will be times when an act generally prohibited under 470 PC will also be criminalized under a different code section...like with Penal Code 484f above.

When this type of situation occurs, the prosecuting agency will typically choose one section with which they will charge you. Typically it will depend on the precise elements that they must prove and/or the nature of the punishment.

However, there are times when overzealous prosecutors will charge you with multiple offenses for the same act. Your California criminal defense lawyers will know whether you may legally be charged with and/or convicted of multiple offenses or if only one is permitted.

⁷People v. Sutherland, (1993) 17 Cal.App.4th 602 (The subdivisions under California Penal Code 470 PC are simply different legal theories under which a jury may find the defendant guilty of the general offense of forgery. The jury does not need to unanimously decide upon one of the theories in order to convict the accused.)

⁸People v. Horowitz, (1945) 70 Cal.App.2d 675 (To constitute a forged will the crime is complete when the document has been so prepared that upon its face it will have the effect of defrauding one who acts upon it as genuine.)

⁹People v. Martinez, (2008) 161 Cal.App.4th 754 ("...a forgery conviction can be based on a document with a genuine signature. '[F]orgery is committed when a defendant, by fraud or trickery, causes another to execute a ... document where the signer is unaware, by reason of such trickery, that he is executing a document of that nature'.")

¹⁰Although Courts have issued conflicting opinions about whether unemployment insurance fraud could be prosecuted under California Penal Code 470 PC, Unemployment Insurance Code Sections 2101 and 2102 were amended in 1977 to permit prosecution under both codes where appropriate.

¹¹People v. Effman, (3d. Dist.1963) 212 Cal.App.2d 414 (Forgery does not require the proof that the defendant wrote the forged instrument, since the definition of forgery includes the passing (or attempted passing) of an instrument known to be forged with intent to defraud.)

¹²People v. Gayle, (1927) 202 Cal. 159 ("The passing or uttering of several forged instruments at the same time constitutes but one offense, although the false making of two separate instruments done at the same time is the perpetration of two separate and distinct offenses.")

¹³Neall v. U.S., (1902) 118 F. 699 (An individual who qualifies as a handwriting expert and who testifies that he/she has examined a sufficient number of samples of the defendant's handwriting to form an opinion as to whether the defendant forged the alleged signature/handwriting is allowed to testify as to that opinion.)

¹⁴People v. Daniels (App. 1 Dist. 1948) 85 Cal.App.2d 182 ("In order to qualify as an expert on handwriting, it is not necessary that the witness follow the profession of handwriting expert - it is only necessary that in the particular calling he does follow he is called upon to make frequent comparisons of handwriting.")

¹⁵Neall v. U.S. above (Knowledge of the defendant's handwriting possessed by someone who is not a handwriting expert will not by itself qualify him/her to testify as to whether the defendant is guilty of forged handwriting.)

¹⁶People v. Mitchell, (1891) 92 Cal. 590 (If the only evidence against the defendant is presented through the testimony of a handwriting expert, it is insufficient to sustain a conviction.)

¹⁷People v. Sauer, (1958) 163 Cal.App.2d 740 (Post litem motam signatures are inadmissible in a forgery prosecution.)