What Is Forgery?
Forgery under California Penal Code 470 is a serious offense involving the creation, alteration, or use of a false written document with the intent to defraud. This includes signing another person's name, counterfeiting seals, altering legal instruments, and fabricating documents related to money or property. The law treats forgery as a crime against trust — targeting the integrity of documents that people and institutions rely on every day.
If you have been arrested or charged with forgery in San Jose, San Francisco, Oakland, Palo Alto, or anywhere in Santa Clara County, the attorneys at RV Litigation Group PC can help. Forgery cases often involve complex evidence — bank records, handwriting analysis, and digital forensics — and require an experienced defense lawyer who knows how to challenge the prosecution's case at every level.
What the Law Says
Penal Code 470(a) — Forgery by False Signature
"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." — California Penal Code Section 470(a)
This subsection targets the act of signing someone else's name — or a made-up name — on checks, contracts, deeds, or other legal documents. The prosecution must prove that you signed the name knowing you lacked authority and that you did so with the specific intent to defraud. It does not matter whether anyone was actually deceived or suffered a financial loss — the act itself is enough.
Penal Code 470(b) — Counterfeiting or Falsifying Documents
"Every person who, with the intent to defraud, counterfeits or forges the seal or handwriting of another is guilty of forgery." — California Penal Code Section 470(b)
This provision covers counterfeiting official seals, forging someone's handwriting, and fabricating documents that appear to be authentic. Counterfeiting a notary seal, replicating a government agency's letterhead, or imitating someone's signature on financial documents all fall under this subsection.
Penal Code 470(d) — Documents Subject to Forgery
"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 check, bond, bank bill, or note, or cashier's check... contract, assignment, or any other document affecting real or personal property rights..." — California Penal Code Section 470(d)
The list of documents subject to forgery is broad. It includes checks, money orders, traveler's checks, bonds, promissory notes, contracts, deeds, powers of attorney, certificates of ownership, lottery tickets, and many other instruments. If a document has legal or financial significance, forging it likely falls under PC 470.
Real-World Examples
These scenarios illustrate how forgery charges commonly arise in the Bay Area:
A caregiver in San Jose finds a book of personal checks belonging to the elderly person she assists. She writes a check for $2,500 to herself, signing the homeowner's name. Even if she planned to "pay it back," she can be charged with felony forgery (PC 470) because she signed another person's name on a financial instrument with intent to defraud.
A contractor in Sunnyvale changes the payment terms on a signed construction agreement — altering "$15,000" to "$45,000" before submitting it to the property owner for payment. Altering a signed document to increase a financial obligation constitutes forgery by alteration under PC 470(d), regardless of whether the property owner notices the change.
A resident of Morgan Hill creates a prescription pad using a real doctor's DEA number and attempts to fill a prescription for controlled substances at a pharmacy in Gilroy. In addition to potential drug charges, this is forgery because it involves counterfeiting a medical document with intent to defraud a pharmacy.
A college student in San Francisco signs her roommate's name on a lease renewal, believing the roommate wanted to renew but was out of town. The landlord later reports the forgery. Although the student may not have had a fraudulent motive, the prosecution can still file charges — making authorization and intent the central defense issues.
Penalties
Forgery is a wobbler offense in California. Whether it is charged as a misdemeanor or felony depends on the value of the forged instrument, the circumstances of the offense, and your criminal history.
| Charge | Classification | Jail / Prison | Fine |
|---|---|---|---|
| Forgery — $950 or less (PC 473(b)) | Misdemeanor | Up to 1 year county jail | Up to $1,000 |
| Forgery — Over $950 (PC 470) | Wobbler | Up to 1 year (misd.) or 16 mo, 2, or 3 years (felony) | Up to $10,000 |
| Forgery of Government Documents | Felony | 16 months, 2, or 3 years in county jail | Up to $10,000 |
| Forgery + Identity Theft (PC 470 + PC 530.5) | Felony | 16 months, 2, or 3 years (each count) | Up to $10,000 |
Additional consequences: A forgery conviction can have collateral effects beyond jail time. It can damage your professional reputation, trigger revocation of professional licenses, disqualify you from certain jobs — especially in banking, finance, and government — and affect your immigration status. For non-citizens, forgery may be classified as a crime involving moral turpitude, potentially leading to deportation. A felony conviction also results in loss of firearm rights.
Legal Defenses
Forgery charges can be fought effectively. The right defense strategy depends on the specific facts of your case. Here are the most common defenses our attorneys use for clients in San Jose and throughout the Bay Area:
1. No Intent to Defraud
Intent to defraud is an essential element of every forgery charge. The prosecution must prove that you acted with the specific purpose of deceiving someone for financial gain. If you signed a document in error, as a joke, or without any expectation of personal benefit, the prosecution cannot prove forgery. We investigate the circumstances surrounding the alleged act and present evidence that no fraudulent intent existed.
2. Consent or Authorization
If the person whose name was signed gave you permission — explicitly or implicitly — to sign on their behalf, no forgery occurred. This is common in business relationships where one partner routinely signs for another, or in family situations where a spouse has long-standing authorization to handle financial matters. We gather evidence of the authorization, including testimony, prior conduct, and communications.
3. Lack of Knowledge
In some cases, a person unknowingly passes or uses a forged document. If you deposited a check that turned out to be forged but had no reason to know it was not genuine, you did not commit forgery. The prosecution must prove that you knew the document was false. We challenge the evidence of your knowledge and show that you acted in good faith.
4. Coercion or Duress
If you were forced or threatened into forging a document, you may have a duress defense. California law recognizes that a person who acts under an immediate threat of serious harm does not act with the criminal intent required for forgery. We present evidence of the coercion, including threats, power dynamics, and the circumstances that left you with no reasonable alternative.
5. Insufficient Evidence
The prosecution must prove every element of forgery beyond a reasonable doubt. This includes proving you created or altered the document, that you intended to defraud, and that the document falls under the statute. Handwriting analysis can be unreliable, digital evidence can be ambiguous, and witness testimony may be inconsistent. We challenge the sufficiency and reliability of the evidence at every stage.
Frequently Asked Questions
Under California Penal Code 470, forgery includes signing another person's name, falsifying or altering a legal document, counterfeiting a seal, or falsifying a document related to money or property — all with the intent to defraud. Common examples include forging checks, signing someone else's name on a contract, or creating fake identification documents.
Forgery under PC 470 is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony. If the forged instrument is worth $950 or less, it is typically charged as a misdemeanor under PC 473. For amounts over $950, the prosecutor may file felony charges carrying 16 months, 2, or 3 years in county jail.
No. If you had actual authorization or consent to sign another person's name, you did not commit forgery. Forgery requires the intent to defraud. If the person gave you permission — even verbally — that is a complete defense to the charge.
Forgery specifically involves creating, altering, or using a false written document. Fraud is a broader category that encompasses any scheme to deceive another person for financial gain. Forgery is often a component of a larger fraud scheme, and the two charges are frequently filed together.
Yes. If you were convicted of misdemeanor or felony forgery and successfully completed probation, you may be eligible for expungement under PC 1203.4. An expungement withdraws the guilty plea and dismisses the case, which can help with employment and licensing applications.
