Forgery is considered a white-collar crime, but that doesn’t mean that the consequences are not severe. It’s important that you understand what being accused of forgery may mean for you and what the next steps should be to ensure your rights are protected throughout the case.
Do you have questions about your forgery case and need immediate personalized answers? Contact the Law Office of Sheny Gutierrez to schedule a free consultation with our criminal defense attorney.
What is a Forgery Crime?
Forgery is a crime in which someone creates or changes a document with the intent to defraud. The fraudulent act must have been knowingly committed for it to be considered forgery. Some examples of items or documents that can be forged include the following:
- Checks
- Receipts
- Money orders
- Legal documents like warrants or court orders
- Contracts
You may also be charged with forgery if you possess or receive the forged document and knowingly plan on passing it off as a true and accurate version, even if you did not create the forged copy. Again, the important element is the awareness or knowledge that the document is forged.
What to do After Being Charged with Forgery
Navigating the process of any criminal charge is frightening and confusing, especially when you are going through it alone. The first step many people take when charged with a crime is to contact a criminal defense attorney. Your lawyer may be able to reach a plea deal, have the charges dropped, or secure a lesser charge. No results are guaranteed, but working with a lawyer is the recommended option because of their expertise and ability to help you achieve the most favorable outcome possible for you.
Contact a California Defense Attorney
Your defense lawyer can also explain the charges and potential penalties so you can fully understand what to expect. When charged with forgery in California, the prosecution must prove you are guilty beyond a reasonable doubt. Your attorney will build a solid defensive strategy to try to prevent that from happening.
Stay Calm and Cooperative
It’s also recommended that you cooperate with law enforcement whenever possible. Speak with your attorney about what you are required to do and what you should specifically not do, but it is generally a good idea to cooperate and avoid aggressive behavior. Police officers are not always professional, nor do they follow regulations at all times, but resisting or acting uncooperatively in any way will not help the situation.
Document Whenever Possible
Building a solid defensive strategy requires evidence, and you can help strengthen your case by gathering any and all evidence that can be used to support you. Consider documenting conversations you’ve had with anyone else involved in the case. It will also likely be helpful to make or keep copies of important documents or communications, such as paperwork, emails, and texts. Discuss the best way to gather evidence and what may be the most beneficial to your case with your attorney.
Forgery Examples and Associated Charges
California Penal Code § 470-476 describes the following examples of forgery:
- Signing someone else’s name on a document without permission
- Falsifying legal documents
- Counterfeiting or altering a government-issued ID like a driver’s license
- Changing a medical record with the intent to defraud
- Forging or falsifying a book of records
Forgery is a wobbler crime in California. That means that, depending on the severity of the alleged crime, it can be charged as a misdemeanor or felony. A conviction can bring up to three years in prison and thousands of dollars in fines.
Crimes Associated with Forgery
Additional and associated charges may also be brought along with forgery.
Possessing a Forged Instrument
This charge involves knowingly presenting a forged document with the intent to deceive someone.
Use of a False Document
You may also be charged with the use of a false document if you intentionally used a forged document, such as a fake ID.
Forging a Public Record
You cannot forge or alter public records like voter registration cards or marriage licenses. Doing so could lead to additional charges.
Filing a False Document
It’s a felony to intentionally file or record a forged document with the state of California.
False Representation
If you present yourself as someone that you are not in an attempt to obtain money or goods, you may be charged with false representation in addition to forgery.
Whether you are charged with forgery alone or multiple related crimes, a pending trial and potential conviction is a heavy burden to carry.
Criminal Defense Lawyer in California
If you’ve been charged with forgery or another related crime, it’s crucial that you have a defense attorney in your corner. The consequences of a misdemeanor or felony conviction can be far-reaching and long-lasting. Don’t try to fight a forgery charge on your own. Contact Sheny Gutierrez to discuss your case and start building a defensive strategy that works in your best interest.