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Forgery


Category: Legal  >>  Other Legal

By Darren Kavinoky   [ 21/06/2006 ]
 | [ viewed 391 times ] Article word count: 457  

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Forgery

Forgery is the crime of creating a false document, altering a document, or writing a false signature for the illegal benefit of the person making the forgery. This includes improperly filling in a blank document, like an automobile purchase contract, over a buyer's signature, with the terms different from those agreed.

Forgery may be classified as a misdemeanor or felony. This type of classification system is termed as being a “wobbler.” A wobbler is punishable by either imprisonment in the state prison or by imprisonment in the county jail for up to one year. It is up to the prosecutor to charge the forgery case as a misdemeanor or felony. If convicted, the judge may sentence the crime as either a misdemeanor or felony.

California Penal Code Section 470 states that any person who has intent to defraud and signs another person’s name, without consent, is guilty of forgery. Every person who, with the intent to defraud, counterfeits or forges the seal or handwriting of another is guilty of forgery. Further, every person who, with the intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court or the return of any officer to any process of any court, is guilty of forgery. The following forged items apply:

 Any check, bond, bank bill, or note
 Cashier's check, traveler's check, money order, post note, draft
 Any controller's warrant for the payment of money at the treasury, county order or warrant, or request for the payment of money, receipt for money or goods, bill of exchange, promissory note, order, or any assignment of any bond, writing obligatory, or other contract for money or other property, contract, due bill for payment of money or property, receipt for money or property, passage ticket, lottery ticket or share purporting to be issued under the California State Lottery Act of 1984
 Trading stamp
 Power of attorney
 Certificate of ownership or other document evidencing ownership of a vehicle or undocumented vessel
 Any certificate of any share, right, or interest in the stock of any corporation or association
 The delivery of goods or chattels of any kind, or for the delivery of any instrument of writing
 Acquittal, release or discharge of any debt, account, suit, action, demand, or any other thing, real or personal
 Any transfer or assurance of money, certificate of shares of stock, goods, chattels, or other property whatever
 Any letter of attorney, or other power to receive money, or to receive or transfer certificates of shares of stock or annuities
 Let, lease, dispose of, alien, or convey any goods, chattels, lands, or tenements, or other estate, real or personal

About the author:
Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a
criminal defense law firm with six offices throughout California. The
attorneys of the firm take pride in their constant continuing legal
education and unparalleled one-on-one client service. Every attorney at
the firm particpates in ten times the amount of education required by
the state bar.

In addition, the attorneys provide each client with a personal cell
phone number, and they make themselves available to clients at all
times. The attorneys of The Kavinoky Law Firm understand that there is
only one case that matters to you: yours! They are dedicated to treating
each client with personal service to en

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Article tags: Forgery, Theft Crimes,
 

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