Being accused of forgery in San Jose, CA, is a serious legal matter that can lead to severe penalties and long-lasting collateral consequences. California forgery charges can involve false or altered signatures, checks, contracts, identification documents, and other legal or financial instruments.
Whether you have already been charged or are under investigation, acting quickly is important. Ahmed & Sukaram, Criminal Defense Attorneys, can help you understand your rights and options. Our team has a deep understanding of California’s forgery laws and a proven track record of defending clients against these complex charges in Santa Clara County.
By working with an experienced San Jose criminal defense lawyer, you can begin addressing the allegations and protecting your rights from the start. Contact us today at (408) 217-8818 to schedule a confidential consultation.
Why Hire Ahmed & Sukaram Criminal Defense Attorneys If You’re Arrested for Forgery in San Jose, CA?
When you’re facing forgery charges in San Jose, California, you need a legal team with substantial criminal defense experience. It’s important to understand who you are hiring and what experience they bring to your theft crimes case.
When you hire our firm, you’ll benefit from:
- Attorneys with 30 years of combined experience
- A State Bar of California Certified Specialist in Criminal Law
- National Trial Lawyers Top 100 recognition
- Hundreds of five-star Google reviews from past clients
- Experience successfully defending more than 50 trials
Our San Jose theft crimes attorneys can examine the evidence, identify weaknesses in the prosecution’s case, and determine what defenses may apply. Call today to schedule a confidential consultation.
What Constitutes Forgery in California?
Forgery in California can involve making, altering, signing, or using certain false documents with the intent to defraud another person or entity. California Penal Code § 470 covers several different forms of forgery, so the exact elements the prosecution must prove depend on the conduct alleged.
The statute can apply to signing another person’s name without authority, falsifying certain legal records, altering documents, or knowingly passing or attempting to pass certain forged instruments as genuine.
Documents that may be involved in forgery cases include checks, bonds, stock certificates, deeds, wills, contracts, receipts, powers of attorney, and vehicle ownership documents.
Common examples include signing someone else’s name on a check without permission, changing the amount on a check, or knowingly attempting to use a forged document as genuine.
What Are the Penalties for Forgery in San Jose, California?
California forgery is generally a “wobbler” offense, which means it may be prosecuted as either a misdemeanor or a felony depending on the circumstances.
Under California Penal Code § 473, forgery involving a check, bond, bank bill, note, cashier’s check, traveler’s check, or money order valued at $950 or less is generally punishable as a misdemeanor. There are exceptions, including for certain prior convictions and cases involving both forgery and identity theft.
A misdemeanor forgery conviction can result in up to one year in county jail. Other forgery offenses can be punished by up to one year in county jail or through felony sentencing under California law.
The charge and potential sentence depend on factors such as the type of document involved, its value when relevant, the specific allegations, and the defendant’s criminal history.
Our San Jose forgery attorneys can help you understand what potential penalties you may be facing and help you build a robust defense.
What Defenses Can Be Raised If I’m Arrested for Forgery?
Even when facing a forgery arrest in California, you’re not without options. A San Jose criminal defense attorney can examine the details of your case and look for weaknesses in the prosecution’s evidence.
Some defenses that may apply include the following.
Lack of Intent to Defraud
California’s forgery laws generally require intent to defraud. If you made an honest mistake when signing or completing a document and did not intend to deceive anyone, your lawyer may argue that the required intent was missing.
Authorization
Some forgery charges require prosecutors to prove that you acted without authority. If the person whose name you signed had expressly or implicitly authorized you to do so, that evidence may undermine the prosecution’s case.
For example, if someone gave you permission to sign their name on a check or other document, your attorney may be able to use that authorization as part of the defense.
False Accusation or Mistaken Identity
Documents often pass through several people’s hands before an alleged alteration is discovered. Having access to a document or being the last person known to possess it does not necessarily prove that you forged it.
Your lawyer may examine handwriting evidence, electronic records, witness statements, surveillance footage, and other evidence to determine whether someone else was responsible.
Insufficient Evidence
Prosecutors bear the burden of proving every element of forgery beyond a reasonable doubt. Problems with document analysis, unreliable witness accounts, chain-of-custody issues, or a lack of evidence connecting you to an alteration can weaken the prosecution’s case.
The defense may argue that the available evidence does not establish each required element beyond a reasonable doubt.
The Document Was Not False or Forged
The prosecution must establish that the document or instrument meets the requirements of the forgery statute being charged. If the document was genuine, was not altered, or cannot be connected to you, your attorney may challenge whether a forgery occurred at all.
A San Jose theft crimes lawyer can review the evidence, investigate how the document was created or handled, and determine which defenses fit the facts of your case.
Schedule a Confidential Case Evaluation With a San Jose Forgery Lawyer Today
A forgery accusation can affect your freedom, reputation, and future. If you are facing charges in San Jose or elsewhere in Santa Clara County, having experienced legal counsel can help you understand the allegations and decide how to respond.
At Ahmed & Sukaram, Criminal Defense Attorneys, our attorneys have 30 years of combined experience handling criminal matters in California. Contact the firm to schedule a confidential consultation with a San Jose forgery attorney today.