Penal Code 470 PC
PC 470 – Forgery in California
California Forgery – Table of Contents
What is the definition of Forgery under Penal Code 470 PC?
The intent to defraud another with a signature that does not ascribe to their own identify or designation of authority but attributes by signature to another person or entity, and their abilities of authorization and purpose, without consent.
What is meant by defrauding, altering, or counterfeiting under PC 470?
Defrauding means intending to misrepresentation or not disclose a material fact of any manner for the purpose of having another rely on that misrepresentation or non-disclosure to their detriment for another’s person gain. Altering refers to intending to grossly change a characteristic or identity of a designation. Counterfeiting is the dissemination or distribution of a designation that is intended to be defrauded or altered to others for an unlawful purpose for another’s detriment for a personal gain.
What is the mental state required for a violation under Penal Code 470?
Forgery is a specific intent crime. The specific intent is the purposeful decision to complete an act and realize the consequences of the act desired. Therefore, under Penal Code 470 PC, a person has the specific intent to utilize the signature of another person or entity, in order to mimic the identity of that person or entity for a designated purpose; and understanding that the mimic promotes a deceitful purpose; with the conscious understand of the natural and probable consequences that can result for the deceit.
What items of forgery qualify under Penal Code 470 PC?
A forgery is the assumption of a designation to assume an identity for the intent for the purpose of deceiving another. This means that any designation that identifies will qualify.
- Official seals that identify with state and federal entities, private parties, and business entities;
- The recordation processes of any document that needs to be registered for lawful official business that ascertains a right, a claim of right that recognized under law or point of reference that may be recognizable in a court of law;
- Bank note;
- Cashier Check;
- Draft Receipt;
- Lottery Ticket;
- Contractual designation;
- Shares of stock;
- Documents relating to articles of incorporation;
- Securitization notes; or
- Property right documents referring to goods or services.
What are the penalties for a violation of Penal Code 470 PC?
A violation of Penal Code 470 PC is a felony with punishment of confinement not exceeding 3 years in prison with fines not exceeding $10,000 dollars.
What are examples of violations of Penal Code 470 PC?
- Steve really needed work, but he was COVID-19 positive. He went online, purchased a fake COVID-19 Card, and copied his physician’s signature. The signature that was retained from his prescription. He was giving a job because he stated he was vaccinated. Steve is now works with the Center for Disease and Control as a recruiter. His HR representative attempted to verify the signature and proof of vaccination on the CDC CAIRS-2 system. There was verification of proof leading to the physician applying the vaccination. The doctor, attested to his unauthorized signature once questioned, called the Medical Board of California to protect his license, and then called the police. Steve was arrested.
- Janus wanted to get more money for her company. In hopes to get the loan for her company, Janus asked her friend Ted to allege that Janus is a limited owner in his company. To help he drafted documents that had her name as a limited partner in equity on the balance sheet to inflate her lender profile. The loan was dispersed. The loan director did a follow up with the Secretary of State and discovered that Janus did not have the historical finances to even come close to purchase 1 share of the company to attain an ownership interest. The director called the Attorneys General Office, who called the police. Janus and Ted were arrested.
- Forgery of a Driver’s License
- Fake ID, Driver’s License
- Federal Mail Fraud
- Fraudulent Vehicle Registration
- Unemployment Fraud
What are defenses for a violation of Penal Code 470 PC?
- Mistake in fact – There was a specific intent to defraud, but the directed source unbeknownst to the defraud was frivolous or for novelty.
- Diminished Capacity
If you are charged with a violation of Penal Code 470 PC, call The Esfandi Law Group. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group.
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Seppi Esfandi is an Expert Criminal Defense Attorney who has over 21 years of practice defending a variety of criminal cases.
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