Forgery is a type of fraud that uses false writing or signatures to achieve the desired result. Some examples of forgery are:
- Signing someone’s name on important documents or a check
- Falsifying an academic transcript
- Creating fake currency (counterfeiting)
- Creating fake documents like passports or ID
All types of forgery are felonies, no matter which state has jurisdiction.
Legal Elements of Forgery
In order for the defendant to be convicted of forgery, the prosecutor must prove the following elements:
- The person creates, uses, alters, or possesses a fake document – Even a genuine document can be considered a forgery if someone’s signature is forged.
- The forgery has legal significance – If the document is a legal document such as a professional license, passport, property deed, will, check, contract, or will, then it has legal significance. Things of value like art can also be a forgery.
- The document or writing on the document must be false – The document must have been changed in a way that changes the meaning or intention of the document.
- The defendant intended to defraud an entity or person by using the forgery.
Will My Forgery Be Prosecuted in State or Federal Court?
Forgery is often dealt with by state courts unless the forgery committed is a federal crime. When someone forges documents used by government entities and institutions, forgery is a federal crime. This includes forging things like:
- Money orders
- Military documents
- Money
- Letters patent
- Postage stamps
The court will take into account the document in question when sentencing forgery as a federal crime.
Forgery Penalties
While forgery is a felony in every state, every state has different penalties. Forgery can also be charged as a federal crime which will carry different penalties to state forgery charges. Some of the penalties for forgery include:
- Restitution
- Fines
- Prison time
- Probation
Some states, like Minnesota, will increase the penalties for forgery with the amount of money it could potentially cost. For example, if the defendant forges a check of $250 or less, then they will be charged with misdemeanor forgery and pay a fine of up to $3,000 and county jail time of up to a year. If the forged check was for more than $250, then the defendant will be charged with felony forgery and be fined up to $10,000 and receive a prison sentence of up to 5 years.
Not all states focus on the value of the forgery; others focus on the type of document. In New York, the defendant would be charged with first-degree forgery if they forge any of the following:
- Bonds
- Stocks
- Currency
- Securities
First-degree and second-degree forgery is a felony in New York, and third-degree forgery is a misdemeanor offense.
Forgery in California: 470 PC
California’s forgery laws are in the California Penal Code 470. The law specifically names the following crimes as examples of forgery:
- Depositing someone else’s checks
- Tampering with seals, photos, or signatures on official paperwork in order to claim to be someone else
- Rewriting a will
- Claiming someone else’s financial information is yours
- Falsifying a legal document such as contracts, property deeds, or wills
In addition to these, legal precedents have seen defendants be charged for forgery for falsifying plane tickets, lottery tickets, and concert tickets
Forgery in California: Penalties
In California, forgery may be charged as either a misdemeanor or a felony, depending on the value of the document or what it accesses. If the defendant uses forgery in order to gain access to $950 or less, they will be charged with misdemeanor forgery. If they use it to gain access to more than $950, then they will be charged with felony forgery.
Felony forgery will attract penalties of up to $10,000 in fines, 2-3 years in county jail or 16 months in state prison, and restitution.
Misdemeanor forgery will attract penalties of up to a year in county jail as well as small fines and restitution.
Forgery in California: Legal Defenses
If you have been arrested for forgery or charged with forgery, then you need to contact a criminal defense attorney. Ideally, you should contact a criminal defense attorney with experience in forgery crimes. They will help you to decide on the best legal defense for your circumstances.
Often the best legal defense to any crime is to inject reasonable doubt into any of the legal elements that the prosecutor must prove. If they cannot prove all of the legal elements beyond a reasonable doubt, then they cannot reach a conviction. Another route is to argue that the statute of limitations has passed. For misdemeanor forgery crimes, the prosecutor has a one-year statute of limitations after the forgery is discovered. For felony forgery crimes, the prosecutor has a four-year statute of limitations.