Is forgery a felony or misdemeanor?

Posted on September 22, 2021

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 the defendant does not have a prior offense, it is a misdemeanor.

Are forgery charges misdemeanors or felonies?

Depending on the state and the circumstances of the offense, forgery can be either a felony or a misdemeanor.

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 the defendant has cooperated with law enforcement,
• the defendant’s prior criminal record,
• the age of the defendant,
• whether the defendant is likely to continue pursuing criminal conduct,
• whether the defendant is eligible for probation, and
• the strength of the prosecution’s case against the defendant.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,
• the defendant has not also been convicted of identity theft, and
• the defendant does 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 a forgery defendant has 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:

1. the defendant deceived or lied to someone, and
2. 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, defendants should strongly consider getting the legal advice of a forgery attorney from a local law office.

What are the penalties of 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 the defendant’s 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. 2 of them are that the defendant:

1. had no intent to defraud the alleged victim, or
2. has been falsely accused.

Many forgery charges require prosecutors to prove that the defendant intended to defraud someone. They often use the defendant’s words and actions. However, in many cases, that evidence is ambiguous or has an innocent explanation.

Another potential defense is that the defendant has been falsely accused. Some people may wrongfully claim to have been victimized by forged documents in order to get revenge on someone or to discredit them.

A skilled criminal defense attorney from a reputable law firm will know how best to defend people who 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.

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