Fullerton Forgery Defense Lawyer
Fullerton Forgery Defense Attorney
Forgery is a serious white-collar crime in California. Depending on the type of forgery, the case can be charged as a misdemeanor or a felony. Either way, the consequences can be hefty. Therefore, for those facing a charge of forgery, consider hiring a Fullerton forgery defense lawyer to protect your rights and fight for your future.
What Is Forgery?
Forgery involves a number of illegal activities that include a person falsifying a document with legal meaning with the intent to defraud. A person can commit forgery by fictitious signing or making up a name on a document, signing someone else’s name on a number of legal documents, or falsifying, counterfeiting, or altering records. Examples of documents that may be forged can include but are not limited to:
- Checks: bank checks, cashier’s checks, or traveler’s checks
- Bonds
- Bank bills and notes
- Money orders
- Lottery tickets
It is important to note that a person can be charged with forgery even if the intended victim isn’t defrauded. There only needs to be an intent to defraud to be found guilty of forgery.
What Are the Penalties for Forgery in Fullerton, California?
Forgery can either be charged as a misdemeanor or felony. As a misdemeanor the general punishment is up to one year in county jail, paying a fine, and paying restitution. If the offender has prior forgery convictions, sentencing may increase to a felony, where jail time can reach up to 3 years. If the forged document is worth more than $950, the forgery may also be charged as a felony.
What Is a Solid Defense for a Forgery Charge in Fullerton, CA?
There are several possible defenses for forgery. Your Fullerton Forgery Defense Lawyer can help you with your defense and possibly get your case dismissed. Here are three common defenses for forgery:
Lack of Intent
There are several defenses available to those who have been charged with forgery. Foremost, to be convicted of forgery, you must have intended to defraud someone. Therefore, if you accidentally misspelled your name or someone’s name on a document that was deemed fraudulent, your lawyer can defend you under the guise of a lack of intent.
In another case, you may believe you have the authority to sign a document for which you do not. For example, you may have thought you had the authority to sign over a check, but you do not. Your intention was not to defraud anyone in this case, so this may be a strong defense.
Lack of Knowledge
If you were incapacitated or had no knowledge that the document was forged, you may have a strong defense. For example, if you were incapacitated and someone guided your hand to falsify a document, this is considered a lack of knowledge. If you did not know the document was forged, then you had no intent to defraud anyone.
Coercion
Sometimes, you may be forced to sign, alter, or falsify a document by someone else. If you are coerced to forge a document by physical harm or threats, you may have a solid legal defense at your disposal.
Consent
If you had consent to sign a document or alter a document, you may also have a strong defense. For instance, if your mother gave you permission to sign a contract for her, but it turns out to be illegal, you may not be culpable for the crime.
When Should I Hire a Fullerton Forgery Defense Lawyer?
Hiring a Forgery Defense Attorney in Fullerton, CA is a wise decision to make for your forgery case. One mistake or misjudgment can be the difference between serving jail time or being free to live your life. Whether you are guilty of the crime or maintain your innocence, your lawyer can protect your rights and defend you from start to finish. As a compassionate and experienced lawyer, I understand the laws surrounding forgery and can help you navigate the process.
FAQs
Q: How Much Does a Defense Attorney Cost in California?
A: The cost of a defense attorney in California varies. The first thing to consider is the case complexity. The more complex the case, the more expensive the costs. Another factor to consider is the lawyer’s experience. More experienced lawyers can justify charging more, and finally, there is the firm’s location. Firms in locations with a higher cost of living tend to be more expensive, and vice versa.
Q: What Is the Burden of Proof for a Forged Signature?
A: In California, prosecution has the burden of proof. They must prove that you were the one who forged the signature, that you had the intention of defrauding the victim, that you did not have permission to sign the document, and that you knew you did not have permission to sign another person’s name.
Q: Is Forgery Easy to Prove?
A: No, proving forgery can be challenging. This is especially true if the person who committed forgery is gifted in falsifying or illegally signing documents, making them look believable. Proving forgery also requires a thorough examination of the forged documents by a professional. Finally, the intent to defraud must be proven beyond a reasonable doubt.
Q: What Is the Statute of Limitations for Forgery in California?
A: The statute of limitations in California for forgery depends on whether the crime is a misdemeanor or a felony. If the crime is a felony, the statute of limitations is four years, but if it is a misdemeanor, the prosecution has one year to file forgery charges. It is also important to note that the statute of limitations begins from the date the crime was discovered, not when it occurred.
Contact the Law Offices of Christopher J. McCann, APC, Today
Being charged with forgery can be life-changing. Not only are you at risk for developing a criminal record, but you may also have to pay fines. At the Law Offices of Christopher J. McCann, APC, I can help negotiate your sentencing if you are found guilty or help get your case dismissed if you maintain your innocence. Contact the office today for a free consultation. Our legal team can help you explore your legal options.
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