California Penal Code section 470 is the general forgery statute. It covers signing another person’s name, falsifying documents, and counterfeiting various legal and financial instruments, all with the intent to defraud. Forgery is one of the most commonly charged white-collar offenses and is a wobbler that can be charged as either a felony or misdemeanor. This page covers the elements, the conduct categories, and the defense angles.

What PC 470 prohibits

PC 470 covers a broad range of forgery conduct: signing another person’s name without authority; counterfeiting or possessing counterfeit instruments; altering, forging, or counterfeiting any document affecting legal rights; and presenting a forged instrument as genuine. Common charged scenarios include signing someone else’s name on a check, altering the amount or payee on a check, forging signatures on contracts or deeds, and presenting fake identification.

The intent-to-defraud element

Every forgery conviction under PC 470 requires the prosecution to prove specific intent to defraud. The defendant must have intended to deceive another person and cause that person to part with property, suffer harm to a legal right, or otherwise rely on the false document to their detriment. Specific intent is often the most contestable element.

Examples where intent to defraud is missing: signing a spouse’s name with belief in joint authority; altering a document to “correct” what the defendant believed was an error; possessing counterfeit currency without intent to pass it. These scenarios can defeat the forgery charge even when the underlying conduct technically falls within the statute’s literal language.

Wobbler classification

PC 470 is generally a wobbler. Misdemeanor exposure: up to one year in county jail and up to $1,000 fine. Felony exposure: 16 months, 2 years, or 3 years under PC 1170(h). For check forgery under $950, Prop 47 (PC 473(b)) generally requires misdemeanor charging absent disqualifying prior convictions.

Related statutes worth knowing

PC 473 (penalties for forgery) sets the sentencing framework. PC 475 covers possession of forged or counterfeit instruments. PC 476 specifically covers check fraud (passing forged or fictitious checks). PC 484f and 484g cover credit card fraud. The case may be charged under several statutes simultaneously; the analysis of which charges survive depends on the specific facts.

Common forgery defenses

Lack of intent to defraud. As described above, this is the most common and most defensible element.

Authorization. A power of attorney, written authorization, course of dealing, or joint-account relationship can establish authority to sign or use the instrument. The “scope of authorization” analysis is fact-specific.

Mistaken identification or signature analysis. Handwriting comparison is not as reliable as it is sometimes presented. Defense investigation can challenge the prosecution’s signature analysis.

Mistake of fact about authority. A genuine but mistaken belief that the defendant had authority to sign defeats the intent element.

Civil compromise. For misdemeanor forgery cases, civil compromise under PC 1377-1379 is sometimes available if the victim’s loss is fully restored and the victim agrees. Civil compromise can result in dismissal.

What to do right now

Forgery cases often start with bank investigations or business reports to law enforcement. Do not give a statement to investigators without counsel. Preserve any documentation of authorization (powers of attorney, written permissions, communications). The intent-to-defraud element is often defensible and the evidence supporting authorization defenses is most accessible early.

The Law Office of Zak Fisher is a Los Angeles criminal defense practice. This page is general legal information, not legal advice for any specific matter. Past results do not guarantee a similar outcome in your case. No attorney-client relationship is formed without a signed engagement letter. Attorney Advertising. Zak Fisher, Esq., California Bar No. 332712.

Penal Code § 470: Forgery Defense in California