If you have been charged with Forgery in Orange County for signing another’s name, faking handwriting, faking a legal document, or altering a check, you should contact The Atias Law Firm. Our law firm works with a team of professionals on the matter and knows how to handle these particular kinds of Forgery charges. In Orange County, Forgery is a wobbler so it is divided into two degrees, Felony Forgery and Misdemeanor Forgery. Forgery is usually committed when someone signs another’s name, fakes handwriting, fakes a legal document, or alters a check, with the intent to commit a fraud.

Forgery Orange County Penal Code 470

First, let the top Forgery Lawyers in Orange County give you the relevant law. The relevant portion of the law that is applicable to Forgery in Orange County is summarized below. However, the full text of the Forgery laws in Orange County can be found in California Penal Code Section 470. To prove that the defendant is guilty of Forgery, the Prosecutor must prove that:

• A person signed the name of another or fictitious person
• That person had no authority to sign the name of the other person
• That person knew that he did not have the authority to sign the other's name and
• That person signed the with the specific intent to defraud another person.

However, the prosecutor can prove forgery in the following ways as well. In each case the prosecutor must prove specific intent to defraud.

• A person counterfeited or forged the seal or handwriting of another.
• A person altered, corrupted, or falsified any record of any will, 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 this court];
• A person falsely made, altered, forged or counterfeited a legal instrument.
• A person falsified the acknowledgment of any notary public.

The Forgery laws in Orange County can be confusing to a defendant charged with a crime. Attorneys at The Atias Law Firm know the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense, such as Petty Theft, or another non-theft misdemeanor charge.

Reducing A Forgery Charge To A Lesser Crime

Circumstances may allow the Prosecutor to charge you with Misdemeanor Forgery, rather than Felony Forgery. These circumstances include that the amount defrauded was $950 or less. Our criminal defense attorneys may be able to show that your Felony Forgery charge should be reduced to a Misdemeanor Forgery charge. Call today for a free and confidential initial consultation. We can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. Our lawyers will aggressively challenge the facts of the case. We may be able to get an Investigator to obtain contradictory statements from witnesses. If we can convince the court that the witnesses are not credible, your Forgery charges may be reduced to Petty Theft or Misdemeanor Forgery and you could avoid jail or prison. We aggressively challenge any valuation of the property. If we can convince the court that the property is valued at less than $950, your Felony Forgery charges may be reduced to a Misdemeanor Forgery and you will avoid prison.

Will I Go To Jail?

Possibilities & Penalties For Forgery Charges in Orange County

Forgery is generally a wobbler, meaning that it can usually be charged as a misdemeanor or felony. Misdemeanor Forgery is punishable by a maximum of six months in jail and a $1,000 fine. Felony Forgery may result in a sentence ranging up to three years in jail and thousands of dollars in fines. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Forgery Defenses in Orange County

Our Forgery lawyers in Orange County know the defenses that may help get your Forgery charge dismissed. There are a number of defenses to Forgery in Orange County, however the applicability of those defenses depends on the facts of your case. For example, as you can see above, the Prosecutor has a lot to prove. We may be able to show that any number of the requirements of the law aren’t met. For instance, we may be able to show that, although you signed someone’s name, you did not have the intent to defraud anyone. Also, we may be able to fight the prosecution’s valuation of the property. If we can show the property is worth less than $950 then the court will reduce the case to a misdemeanor. We may be able to show that the document is not a legal instrument. If the document has no legal significance, meaning that it could not deprive anyone else of their rights, then the case against you may be dismissed, or you may have a good case to take to trial. Another common defense is that the police did something wrong while investigating your case. For instance, if the Officer who stopped you did not have reasonable suspicion to stop and detain you then our attorneys may be able to get your case dismissed. Also, if you were detained by Officers who used an unreasonable amount of force then that may be a defense in your case. Also, if you have been charged with multiple counts of Forgery, we may be able to get all of your charges consolidated into one charge, with one penalty.

How Can Forgery Charges Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. Our Forgery lawyers in Orange County may be able to help you get your Forgery charge reduced to a lesser charge. Our attorneys may be able to get your Forgery charge, and the penalties reduced to those penalties associated with Petty Theft or Misdemeanor Forgery.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Forgery, then you may face increased penalties in your current Forgery case. Criminal defense attorneys at The Atias Law Firm aggressively challenge any prior convictions. For instance, if your prior Forgery conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Forgery penalties. Call Forgery lawyers Orange County today to see how your prior convictions may impact your current Forgery charge.

What Should I do about a Forgery charge in Orange County?

Contact The Atias Law Firm today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.