What is the penalty for forgery in the state of California?
Forgery may result in a misdemeanor sentence of imprisonment in county jail for a term of up to one year. However, California state laws also permit the state to consider felony sentencing of imprisonment for sixteen months, two years, or three years.
What type of offense is forgery?
Forgery (also known as “uttering a false instrument”) is a serious offense, punishable as a felony in all fifty states and by the federal government.
What is the statute of limitations on forgery in California?
The statute of limitations (filing deadline) for felony forgery is four years after the crime is discovered or completed, whichever is later. A defendant can be charged with a misdemeanor if the value of the forgery is less than $950.00 and the document forged is a check, money order or similar instrument.
Is forgery a crime?
Forgery is considered a crime in all 50 states and on the federal level. While state level forgery is punishable in a state prison, federal forgery is a much more serious offense punishable by incarceration in a federal prison, as well as costly fines.
How do I get out of forgery charges?
One of the most effective defenses is claiming that you did not intend to defraud or injure anyone. This can get your charges dropped immediately, as criminal intent is key in reaching a conviction for forgery. It might also be the case that you were simply in possession of a forged document without even knowing it.
Is forgery a criminal offence?
The very basis of the offence is the making of the false documents with the criminal intent to cause damage to any person. Forgery implies false document, signature or other imitation of the object of utility used with the intent to deceive another. Those who commit forgery are usually charged with the crime of fraud.
What are the three types of forgery?
There are basically three methods of producing a forgery: by an exact copy, by a composite of parts, and by a work done in the style of an artist or period and given a deliberately false attribution.
How is forgery proven?
Intent is a key element to proving forgery, so without it the defendant cannot be found guilty. Lack of Capacity or Knowledge: The defendant must have known that the document was forged to be guilty of forgery. Knowledge is key to proving the defendant had the required intent.
How much jail time can you get for felony forgery?
There are different types of forgery cases. The maximum is three years state prison on a felony forgery or a year in county; however, a forgery can also be a misdemeanor. Even if it is a felony, a person can get probation and sometimes no jail. It really depends on the case.
What to do if you are charged with forgery?
Your lawyer will make every effort to discredit any evidence not in your favor.
Is forging a check a felony?
Forgery is considered a felony in all fifty states, and is punishable by a range of penalties including jail or prison time, significant fines, probation, and restitution (compensating the victim for money or goods stolen as a result of the forgery). Forging checks of $250 or less is punishable by up to one year in jail and a $3,000 fine; but when the amount of the check exceeds $250, the penalty increases to up to five years in prison and a $10,000 fine.
What is the jail time for forgery?
While there are no mandated minimum charges for forgery crimes, it is a felony offense. Every state has different laws that pertain to forgery, but often a conviction leads to jail time of up to 10 years and significant fines.