Forgery

Forgery Under Federal Law

Forgery is a serious federal offense involving the falsification of documents, often to deceive or gain unlawful benefit. Commonly prosecuted under statutes like 18 U.S.C. § 471–473, federal forgery cases encompass various documents, including government-issued IDs, passports, and checks.

Forging IDs

Federal law criminalizes the production, possession, or use of forged government-issued identification under 18 U.S.C. § 1028. This includes driver’s licenses, state IDs, and Social Security cards. Cases often involve identity theft or fraud schemes. The penalties depend on the specific conduct, ranging from fines to up to 15 years in prison, particularly if linked to terrorism or trafficking.

Forging Passports

Falsifying or using forged passports is prosecuted under 18 U.S.C. § 1543. This crime involves altering a passport or knowingly presenting one as genuine. Federal authorities treat these cases harshly due to their implications for national security and immigration fraud. Convictions can result in fines and imprisonment of up to 10 years, or 20 years if the offense involves terrorism.

Forging Checks

Under 18 U.S.C. § 513, forging or altering checks—especially when involving financial institutions—is a federal crime. The intent to defraud is a key element. Penalties can include up to 10 years in prison and significant restitution obligations.

Penalties and Legal Defenses

Penalties for federal forgery often include imprisonment, steep fines, and mandatory restitution to victims. However, experienced defense attorney Nate Crowley can challenge the prosecution’s case by arguing lack of intent to defraud, insufficient evidence, or duress. Additionally, evidence obtained in violation of constitutional rights may be suppressed, weakening the government’s case.

California Forgery Laws

In California, forgery is defined under Penal Code § 470 as the act of altering, creating, or using a written document with the intent to commit fraud. This includes forging signatures, altering checks, falsifying legal documents, and creating counterfeit identification.

Forgery can be charged as either a felony or misdemeanor, depending on the circumstances and the value involved. If the forgery involves a value exceeding $950, it is typically charged as a felony, with penalties including imprisonment of up to three years. Forgeries involving lesser amounts or mitigated circumstances may be charged as misdemeanors, carrying up to one year in county jail.

Common examples include forging someone’s signature on a check, creating fake prescriptions, or falsifying legal documents like deeds or wills.

Defending forgery charges often involves challenging the intent to defraud, which is a critical element. If the prosecution cannot prove intent beyond a reasonable doubt, the case may be dismissed. Other defenses include mistaken identity, lack of knowledge about the forgery, or insufficient evidence.

Given the serious consequences of a forgery conviction, consulting with experienced California criminal defense attorney Nate Crowley is essential to protect your rights and craft a strong defense strategy.

Counterfeit ? Consult Federal Criminal Defense Attorney Nate Crowley.

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