Forgery can be either a misdemeanor or a felony, depending on the state and the circumstances. In California, for example, forgery is a wobbler. Prosecutors can choose whether to pursue felony or misdemeanor charges. However, if the amount at issue is $950 or less and you do not have a prior offense, it is a misdemeanor.
Are forgery charges misdemeanors or felonies?
Forgery can be a felony or a misdemeanor, depending on the state and the circumstances of the offense.
The law in California is a good example.
In California, forgery is a wobbler.1 This means that prosecutors have the discretion to file felony or misdemeanor charges. Prosecutors generally use the following factors in making this decision:
- the severity of the crime,
- whether you have cooperated with law enforcement,
- your prior criminal record,
- your age,
- whether you are likely to continue pursuing criminal conduct,
- whether you are eligible for probation, and
- the strength of the prosecution’s case against you.2
However, law enforcement is not allowed to pursue felony charges if all of the following are true:
- the amount at issue is $950 or less,
- you have not also been convicted of identity theft, and
- you do not have a prior conviction for an eligible offense.3
Eligible offenses are:
- a sexually violent offense,
- oral copulation with a child under the age of 14 (Penal Code 288a PC),
- sodomy with a child under the age of 14 (Penal Code 286 PC),
- forcible sexual penetration with a foreign object involving a child under 14 (Penal Code 289 PC),
- lewd or lascivious acts with a child under 14 (Penal Code 288 PC),
- murder (Penal Code 187 PC),
- gross vehicular manslaughter while intoxicated (Penal Code 191.5(a) PC),
- vehicular manslaughter while intoxicated (Penal Code 191.5(b) PC),
- solicitation to commit murder (Penal Code 653f PC),
- assault with a machine gun on a police officer or firefighter (Penal Code 245(d)(3) PC),
- possession of a weapon of mass destruction (Penal Code 11418(a)(1) PC), and
- a serious or violent felony that carries the death penalty or life imprisonment in California.4
If you have a prior conviction for one of these offenses, prosecutors can pursue felony charges for a forgery involving less than $950.
What is forgery?
Forgery is the crime of fraudulently altering certain documents or falsifying someone’s signature.
Different states may vary on the details. In California, state law defines forgery as:
- signing another person’s name without that person’s approval,
- forging or counterfeiting someone else’s handwriting or a seal on a document,
- changing or falsifying a legal document, or
- falsifying, forging, or altering certain eligible documents, passing them off as true but knowing them to be false.5
The types of documents that are eligible include:
- checks,
- bonds,
- bank bills or notes,
- cashier’s checks,
- traveler’s checks,
- money orders,
- post notes,
- drafts,
- controller’s warrants for payment at the treasury,
- county orders or warrants,
- requests for the payment of money,
- receipts for money or goods,
- bills of exchange,
- promissory notes,
- orders,
- bond assignments,
- contracts,
- bills for payments of money,
- lottery tickets,
- powers of attorney,
- ownership documents, including for real estate,
- stock certificates, and
- acknowledgements by a notary public.6
California also recognizes and prohibits other types of forgery:
- falsifying, duplicating, or altering a driver’s license or ID card, with the intent of using the card to commit a forgery,7
- displaying, allowing to be displayed, or possessing a forged driver’s license or ID card, with the intent to commit a forgery offense,8
- making, forging, or altering an entry in a book of records, with the intent to defraud someone else,9
- altering or modifying a medical record or creating a false medical record, with fraudulent intent,10 and
- counterfeiting an official seal, with intent to defraud someone else.11
Many forgery offenses require an intent to defraud. In California, to secure a forgery conviction, prosecutors have to show that:
- you deceived or lied to someone, and
- did so in order to deprive that person of property, money, or some other legal right.12
Importantly, this means that forgery does not have to work for it to be a crime. If the victim is not deceived or does not suffer a loss, it can still be forgery.13 Without this as a potential defense, you should strongly consider getting the legal advice of a forgery attorney from a local law office.
What are the penalties for a conviction?
If forgery is a misdemeanor, a conviction can carry up to 1 year of jail time. If it is a felony, it can carry longer than 1 year in prison.
In California, prosecutors have to pursue misdemeanor charges if:
- the forgery involved $950 or less,
- there is no identity theft case, and
- there is no prior conviction for an eligible offense on your criminal record.
The penalty for misdemeanor forgery charges are up to:
- $1,000 in fines, and/or
- 1 year in county jail.14
If prosecutors have the discretion to pursue felony charges, and choose to do so, the penalty for forgery can be up to:
- $10,000 in fines, and/or
- 16 months, 2 years, or 3 years in state prison.15
What about forgery laws in other states?
Other states and jurisdictions may treat forgery slightly differently than California.
In Texas, forgery is a misdemeanor unless the forged document is a:
- will,
- codicil,
- deed or deed of trust,
- mortgage,
- security instrument or agreement,
- credit card,
- check,
- authorization to debit a bank account,
- contract or order to pay money,
- part of an issue of money, securities, stamps, stocks, bonds, or other claims against someone else, or
- government record.16
If the forged instrument or false document is used to get property or a service, the value of the property matters in Texas17:
Value of the property or service | Class of crime |
Less than $100 | Class C misdemeanor |
More than $100 but less than $750 | Class B misdemeanor |
More than $750 but less than $2,500 | Class A misdemeanor |
More than $2,500 but less than $30,000 | State jail felony |
More than $30,000 but less than $150,000 | Third degree felony |
More than $150,000 but less than $300,000 | Second degree felony |
More than $300,000 | First degree felony |
In Colorado, forgery can also be a felony or a misdemeanor depending on the circumstances.
For example, felony forgery involves things like:
- government-issued money, stamps, or other official documents,
- deeds, wills, or codicils,
- stocks or bonds, and
- lottery tickets.18
But forging the following documents will only lead to misdemeanor criminal charges:
- academic records, like a transcript or diploma,
- letters of recommendation, and
- insurance applications.19
What are some forgery defenses?
There are several common legal defenses that can be raised against a charge for the crime of forgery. Some of them are that you:
- had no intent to defraud the alleged victim, or
- have been falsely accused.
Many forgery charges require prosecutors to prove that you intended to defraud someone. They often use your words and actions. However, in many cases, that evidence is ambiguous or has an innocent explanation.
Another potential defense is that you have been falsely accused. Some people may wrongfully claim to have been victimized by forged documents in order to get revenge on you or to discredit you.
A skilled criminal defense attorney from a reputable law firm will know how best to defend you if you have been accused of forging something. Establishing an attorney-client relationship with a criminal defense lawyer who has experience in white collar crimes and forgery cases is the best way to avoid a serious conviction that carries significant prison time.
Additional reading
For more in-depth information on forgery laws, refer to the following scholarly articles:
- Forgery and the Literacy of the Early Common Law – Albion.
- The Crime of Forgery – Journal of Financial Crime.
- When Is a Document False in the Law of Forgery? – The Modern Law Review.
- The Perfect Fake: Creativity, Forgery, Art and the Law – DePaul-LCA Journal of Art & Entertainment Law.
Legal References:
- California Penal Code 473(a) PC.
- See M. Berwick, R. Lindenberg and J. Van Roo, Wobblers & Criminal Justice in California: a Study into Prosecutorial Discretion, March 20, 2010, page vii.
- California Penal Code 473(b) PC.
- California Penal Code 473(b) and 667(e)(2)(C)(iv) PC.
- California Penal Code 470 PC.
- California Penal Code 470(d) PC.
- California Penal Code 470a PC.
- California Penal Code 470b PC.
- California Penal Code 471 PC.
- California Penal Code 471.5 PC.
- California Penal Code 472 PC.
- California Criminal Jury Instructions (CALCRIM) No. 1905. See also People v. Pugh, 104 Cal.App.4th 66 (2002).
- Same.
- California Penal Code 470 PC.
- California Penal Code 473 and 1170(h) PC.
- Texas Penal Code 32.21(c)-(e).
- Texas Penal Code 32.21(e-1).
- CRS 18-5-102.
- CRS 18-5-104 and 18-5-104.5.