Penal Code 470 is California’s forgery law: signing another’s name, counterfeiting a seal or handwriting, or falsely making or altering a document — all with intent to defraud.
It is a wobbler. Forgery of a check, note, or similar instrument worth $950 or less is generally a misdemeanor.
What PC 470 Says
PC 470 reaches several acts done with the intent to defraud: signing the name of another or a fictitious person, counterfeiting or forging a seal or handwriting, falsifying records, and falsely making, altering, or passing checks, deeds, and other financial or legal instruments. The intent to defraud is required for every branch — and it is the element most often missing.
Felony or Misdemeanor?
Forgery is a wobbler. The $950 misdemeanor rule (Penal Code 473(b)) applies only to forged checks, bonds, bank bills, notes, cashier’s checks, traveler’s checks, or money orders — not to forgery generally, and not where the defendant is also convicted of identity theft in the same case. Where it applies, a misdemeanor forgery carries up to a year in county jail; the felony exposure is greater.
Defenses
- No intent to defraud. The heart of the case. Signing with authority, a good-faith belief you were permitted to sign, or a genuine mistake defeats the charge.
- You did not make or alter the document. Identity and authorship are often contestable.
- Consent or authority to sign or use the instrument.
- Reduction under PC 17(b), and judicial diversion (PC 1001.95), can resolve an eligible case without a felony record.
Frequently Asked Questions
Is forgery a felony or a misdemeanor in California?
Forgery under PC 470 is a wobbler. The $950 misdemeanor rule (PC 473(b)) applies only to forged checks, bonds, bank bills, notes, cashier's checks, traveler's checks, or money orders — not to forgery generally, and not where the defendant is also convicted of identity theft in the same case. Where it applies, a misdemeanor carries up to a year in county jail; forgery outside that rule, or aggravated forgery, can be charged as a felony.
What does the prosecution have to prove for forgery?
That you committed one of the forgery acts — signing another's name, counterfeiting, or falsely making or altering a document — with the specific intent to defraud. Without intent to defraud, there is no forgery.
What is the main defense to a forgery charge?
No intent to defraud. Signing with authority, a good-faith belief that you were permitted to sign, or a genuine mistake all defeat the charge, because intent to defraud is required for every branch of PC 470.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com