In California, a person commits forgery when they knowingly make a misrepresentation in a financial transaction. A person who, with the intent to defraud, signs another’s name, signs the name of a fictitious person, or falsely makes, alters, or counterfeits a bank note can be charged with forgery. We often represent clients who have been denied access to bank accounts or who have had their personal accounts depleted by their spouse.
The Law Offices of Edward Misleh, APC is a Sacramento law firm, located in Sacramento, California that handles California domestic violence and community property issues. Due to the fact that we primarily represent clients with family law matters, we are able to provide our Sacramento, California clients and clients in Northern California with services they need and deserve. Call now our Lawyer Hotline. We offer a free consultation to all new clients. Call now 916-443-1267 for your free consultation.
California Forgery Protective Order
A California forgery protective order can be requested when someone attempts to commit forgery on another person who now needs protection. The following are some of the laws that apply to forgery. If you are the victim of an attempted forgery, you can apply for a California forgery protective order to prevent further damages or losses.
California Penal Code Section 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.
California Penal Code Section 470 (b)
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 (c)
Every person who, with the intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court or the return of any officer to any process of any court, is guilty of forgery.
California Penal Code Section 470 (d)
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 of the following items, knowing the same to be false, altered, forged, or counterfeited, is guilty of forgery: any check, bond, bank bill, or note, cashier’s check, traveler’s check, money order, post note, draft, any controller’s warrant for the payment of money at the treasury, county order or warrant, or request for the payment of money, receipt for money or goods, bill of exchange, promissory note, order, or any assignment of any bond, writing obligatory, or other contract for money or other property, contract, due bill for payment of money or property, receipt for money or property, passage ticket, lottery ticket or share purporting to be issued under the California State Lottery Act of 1984, trading stamp, power of attorney, certificate of ownership or other document evidencing ownership of a vehicle or undocumented vessel, or any certificate of any share, right, or interest in the stock of any corporation or association, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquaintance, release or discharge of any debt, account, suit, action, demand, or any other thing, real or personal, or any transfer or assurance of money, certificate of shares of stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer certificates of shares of stock or annuities, or to let, lease, dispose of, alien, or convey any goods, chattels, lands, or tenements, or other estate, real or personal, or falsifies the acknowledgment of any notary public, or any notary public who issues an acknowledgment knowing it to be false.
California Penal Code Section 475 (a)
Every person who possesses or receives, with the intent to pass or facilitate the passage or utterance of any forged, altered, or counterfeit items, or completed items contained in subdivision (d) of Section 470 with intent to defraud, knowing the same to be forged, altered, or counterfeit, is guilty of forgery.
California Penal Code Section 476
Every person who makes, passes, utters, or publishes, with intent to defraud any other person, or who, with the like intent, attempts to pass, utter, or publish, or who has in his or her possession, with like intent to utter, pass, or publish, any fictitious or altered bill, note, or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of any real or fictitious financial institution is guilty of forgery.
Forgery is a wobbler crime in California which means that it may be charged and punished as either a misdemeanor or a felony. The maximum jail sentence for misdemeanor forgery is 1 year; the maximum sentence of felony forgery is 3 years. If the amount of the check is under $200.00 and the accused has no prior theft related charges on his/her record, the offense is charged as a misdemeanor. Larger amounts are often charged as a felonies and are subject to sentence enhancements.
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