Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Forgery

Forgery is a serious white-collar crime under California Penal Code §470, involving the falsification or alteration of documents with the intent to defraud. Although often associated with signing someone else’s name on a check, forgery covers a wide range of fraudulent conduct, including falsifying legal documents, contracts, financial instruments, or government records.

A forgery conviction can have lasting consequences, including jail or prison time, restitution, loss of employment opportunities, and damage to professional licenses. Even when the alleged amount of money is small, prosecutors and courts treat forgery as a crime of dishonesty, which can have severe implications for your future.

If you are under investigation or have been charged with forgery, you should contact an experienced criminal defense attorney immediately to protect your rights and reputation.

San Diego Forgery Defense Attorney

Forgery allegations often arise in complex financial or business contexts, where misunderstandings or bookkeeping errors are mistaken for criminal intent. In other cases, individuals are falsely accused after someone else gains access to their financial information or documents.

Attorney Michael Cindrich has extensive experience representing clients accused of financial crimes, including forgery, fraud, embezzlement, and identity theft. He understands the technical and evidentiary challenges involved in white-collar cases and works to expose weaknesses in the prosecution’s case, whether through challenging handwriting analysis, establishing lack of intent, or identifying the true perpetrator.

The Law Offices of Michael E. Cindrich serve clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.
For a free, confidential consultation, call (619) 262-2500.

Overview of Forgery Charges in San Diego

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Definition of Forgery

California Penal Code §470 makes it a crime to sign another person’s name, falsely alter or create a written instrument, or present a fake document with the intent to defraud.

Forgery applies to a broad range of documents and situations, including:

  • Checks, money orders, and promissory notes
  • Legal contracts, wills, or deeds
  • Credit card receipts and sales invoices
  • Government-issued identification or certificates
  • Any written document used to obtain money, property, or services

To convict someone of forgery, prosecutors must prove that the defendant knowingly intended to deceive another person or entity for personal benefit or to cause financial loss.

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Examples of Forgery in California

  • Signing someone else’s name on a check or legal document without consent.
  • Altering the amount or payee on a financial instrument.
  • Creating or using fake identification documents.
  • Submitting falsified employment, loan, or tax records.
  • Forging a signature on a contract or lease to gain property rights.
  • Creating fake prescriptions or medical documentation.

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Penalties for Forgery in California

Under Penal Code §470, forgery is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on the facts of the case and the defendant’s criminal history.

Misdemeanor Forgery

  • Up to 1 year in county jail
  • Fines up to $1,000
  • Summary probation
  • Restitution to the victim

Felony Forgery

  • 16 months, 2 years, or 3 years in county jail
  • Fines up to $10,000
  • Formal probation or parole supervision
  • Restitution and potential professional consequences

When Forgery is a Felony

Forgery is typically filed as a felony when:

  • The value of the forgery exceeds $950.
  • The forgery involves multiple victims or repeated acts.
  • The defendant has prior convictions for theft or fraud.
  • The forged document relates to government, real estate, or corporate assets.

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Key Elements a Jury Considers in Forgery Cases

To find a defendant guilty of forgery under Penal Code §470, jurors must conclude that the prosecution has proven each of the following elements beyond a reasonable doubt:

  • Creation or Alteration of a Written Instrument – The defendant made, altered, or used a written document such as a check, contract, or ID.
  • Intent to Defraud – The defendant acted with the specific intent to deceive another person or obtain something of value. Mistakes, misunderstandings, or accidents do not constitute forgery.
  • Knowledge of Falsity – The defendant knew that the document or signature was false or unauthorized.
  • Presentation or Use – The defendant used or attempted to use the forged document for personal gain or to cause harm.
  • Authenticity and Evidence – Jurors evaluate whether the prosecution’s evidence, including handwriting analysis, witness testimony, or digital forensics — actually links the defendant to the alleged forgery.

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Defenses to Forgery Charges

Common defenses to forgery charges include:

  • Lack of Intent to Defraud – The defendant did not intend to deceive or cause financial harm.
  • Consent or Authorization – The person whose name was used gave permission to sign or create the document.
  • Mistaken Identity – Someone else committed the act, or the defendant’s signature was forged.
  • Insufficient Evidence – The prosecution cannot prove beyond a reasonable doubt that the defendant authored or used the document.
  • False Allegations – The accusation was made in retaliation or due to a personal or business dispute.
  • No Actual Harm or Benefit – The document was never used to obtain money, property, or a service, reducing the prosecution’s ability to prove intent.

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Role of a San Diego Forgery Defense Attorney

  • Immediate Case Review and Evidence Analysis – The attorney examines the allegedly forged documents, handwriting comparisons, and forensic evidence to identify weaknesses in the state’s case.
  • Challenging the Element of Intent – Forgery requires specific intent to defraud. The defense attorney challenges whether the client truly acted with that intent or whether the act was negligent or mistaken.
  • Negotiating Reductions and Dismissals – Many forgery cases can be reduced to misdemeanors or dismissed through restitution agreements, diversion programs, or plea negotiations.
  • Expert Consultation – The attorney may use handwriting experts or forensic document examiners to refute the prosecution’s claims.
  • Protecting Professional and Financial Interests – Defense counsel advises clients on how to minimize collateral consequences, including license discipline and employment issues.
  • Post-Conviction Relief – After case resolution, the attorney may seek expungement under Penal Code §1203.4 to remove the conviction from public record.

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Frequently Asked Questions

Q: Is forgery always a felony in California?
 A: No. Forgery can be charged as a misdemeanor or felony depending on the amount involved and the defendant’s record.

Q: Can I go to jail for signing someone else’s name?
 A: Yes, if the act was done with intent to defraud. Even signing a family member’s or employer’s name can result in criminal charges.

Q: Does it matter if I didn’t receive any money?
 A: No. The prosecution only needs to prove intent to defraud, not that you actually obtained money or property.

Q: Can forgery charges be dropped if I pay the money back?
 A: Repayment may help in plea negotiations or sentencing, but it does not automatically dismiss criminal charges.

Q: Can a forgery conviction be expunged?
 A: Yes. If you complete probation successfully, your attorney can petition for expungement under Penal Code §1203.4.

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Additional Resources

California Penal Code §470 – Forgery: Defines forgery and outlines the various acts that qualify, including falsifying, signing, or using forged documents.

California Department of Justice – White Collar Crime Overview: Provides insight into how financial and document-based crimes are investigated in California.

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Hire a Defense Attorney for Forgery Charges in San Diego County, CA

Forgery charges can threaten your reputation, livelihood, and future. Whether the allegations involve financial documents, contracts, or identity fraud, you need a defense attorney who understands the nuances of California’s white-collar crime laws and knows how to fight back.

The Law Offices of Michael E. Cindrich represent clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.

Don’t let a forgery accusation define your future. Contact Attorney Michael Cindrich today for a free, confidential consultation at (619) 262-2500.