Forgery Forged Instrument In San Bernardino
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FAQ
To prove someone is guilty of PC 470, the prosecutor must prove the following elements beyond a reasonable doubt: Defendant signed with another person's name or name; Defendant knew they did not have the authority to do so; Defendant did not have the authority to sign a name or another person's name;
Any person who forges any document or electronic record is guilty of an offence which, unless otherwise stated, is a felony and he is liable, unless owing to the circumstances of the forgery or the nature of the thing forged some other punishment is provided, to imprisonment for three years.
A forgery offense can be committed in the following ways: By signing someone else's name without the other person's authority (California Penal Code Section 470(a) PC) By counterfeiting or forging another person's handwriting or seal on a document (California Penal Code Section 470(b) PC)
Simple Forgery: The act of imitating someone else's signature for fraudulent or deceptive purposes. Simulated Forgery: A more sophisticated form where technology is used to duplicate the signature. Traced Forgery: Involves using a genuine signature as a template to create a forged one.
If you are convicted of forgery in California, you can face a range of criminal penalties, including: Misdemeanor – Probation, up to one year in jail, and as much as $1,000 in fines. Felony – Probation, up to $10,000 in fines, and as much as three years in jail.
The punishment for forgery varies from place to place. In most states, a person convicted of misdemeanor must face a jail sentence of at least one year. However, a conviction for felony must face an imprisonment more than one year.
Forgery, in law, making of a false writing with an intent to defraud. Writing, to be forgery, must either have legal significance or be commonly relied upon in business transactions. It need not be handwriting; the law of forgery covers printing, engraving, and typewriting as well.
Consent: Prove that you had permission to sign or alter the document in question. Authenticity: Show that the signature or instrument is genuine and not forged. Coercion: Argue that you were forced to forge the document under threat or duress.
California Code, Penal Code - PEN § 470. (a) 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.
