Forgery | Penal Code § 470

Description

The crime of Forgery may be charged against a person who, with the intent to defraud, knowing that he or she has not authority to do so, signs the name of another person or of a fictitious person to any check, bond, bank bill, or note, cashier’s check, traveler’s check, money order, post note, draft or any warrant for the payment of money at any location or for the certificate of ownership or delivery of goods, chattels or property of any kind.

What does the prosecutor have to prove?

Felony: 1. Defendant signed the name of another person or a fictitious person to a document.
2. Defendant had no authority to sign the other person’s name or the name of a fictitious person.
3. Defendant knew he or she had no such authority.
4. Defendant signed the document with the specific intent to defraud.
5. The value of the forgery was greater than nine hundred fifty dollars ($950.00).
Misdemeanor: 5. The value of the forgery was less than nine hundred fifty dollars ($950.00).

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No