California Penal Code §476 — Check Fraud
PC §476 punishes anyone who makes, passes, utters, or attempts to pass a fictitious or altered check, bill, note, or other instrument with intent to defraud. It reaches entirely fabricated instruments (checks drawn on non-existent accounts or non-existent banks) and altered instruments (real checks with modified payee, amount, or signature). Wobbler: charged as felony up to 3 years state prison, or misdemeanor with up to 1 year county jail.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Check Fraud Cases in All LA County Courts
On This Page
Jump to a Section
01 — Quick Facts
PC §476 — Check Fraud at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §476 — Check Fraud (Fictitious Instrument) |
| Code Type | Penal Code (PC) |
| Classification | Wobbler |
| Penalty Range | 16 months, 2, or 3 years prison; or up to 1 year jail |
| Fine | Up to $10,000 |
| Restitution | Mandatory — full loss amount |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §476?
What Is California Penal Code §476?
PC §476 Reads:
"Every person who makes, passes, utters, or publishes, with intent to defraud any other person, or who, with the like intent, attempts to pass, utter, or publish, or who has in his or her possession, with like intent to utter, pass, or publish, any fictitious or altered bill, note, or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of any real or fictitious financial institution, is guilty of forgery."
— California Penal Code §476
PC §476 is California's check-fraud statute, closely related to but distinct from general forgery under §470. §476 focuses specifically on fictitious or altered checks and drafts — instruments that either purport to be drawn on real banks with no valid account, or are entirely fabricated. The statute reaches making, passing, uttering (offering as valid), attempting, and possessing with intent to utter. Rubin Law, P.C. defends §476 cases by contesting the intent-to-defraud element, which is the most-litigated issue.
PC §476 vs. §470 vs. §476a
§476 = fictitious or altered checks. §470 = general forgery of any instrument. §476a = insufficient-funds checks (bad check drawn on real account without funds). Different mens rea, different defenses.
PC §476 — Fictitious/Altered Check
Fabricated or altered instrument, intent to defraud. Wobbler.
PC §476a — NSF Check
Real account, no funds, intent to defraud at issuance. Wobbler; misdemeanor if <$950.
Why §476 Intent Defenses Frequently Succeed
The intent-to-defraud element must exist at the moment of making, passing, or possession. Mistake, authorized signature, negotiated settlement, and lack of knowledge that the instrument was fictitious are all viable defenses. §476 filings frequently accompany identity-theft (§530.5), grand-theft (§487), and elder-abuse (§368) counts — Rubin Law, P.C. targets the intent element to defeat the entire fraud package.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §476
The prosecution must prove each element beyond a reasonable doubt.
Made, Passed, Uttered, or Possessed
Defendant made, presented, offered, attempted, or possessed a check or draft.
Fictitious or Altered Instrument
The check was entirely fabricated (non-existent account or bank) or altered (payee, amount, or signature changed).
Intent to Defraud
Defendant acted with specific intent to defraud a real or fictitious person or institution — knowing the instrument was invalid.
03 — Degrees
PC §476 — Tiers & Degrees
Charging levels and sentencing tiers for this offense.
§476 — Felony Filing
Felony filing on aggravating facts, prior record, or high loss amount.
§476 — Misdemeanor Filing
Misdemeanor filing on lower loss, no prior, and cooperative defendant.
04 — Penalties
Penalties for PC §476 Check Fraud in California
Sentencing exposure and commonly stacked charges.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Check Fraud (felony) | PC §476 | 16 mo, 2, or 3 yrs state prison | Available | No |
| Check Fraud (misd.) | PC §476 | Up to 1 yr county jail | Available | No |
| Insufficient Funds Check | PC §476a | Up to 3 yrs prison (>$950) | Available | No |
| Grand Theft (companion) | PC §487 | 16 mo, 2, or 3 yrs prison | Available | No |
| Identity Theft (companion) | PC §530.5 | 16 mo, 2, or 3 yrs prison | Available | No |
Aggravating Enhancements & Companion Charges
Aggregated Loss >$100,000
PC §186.11
White-collar enhancement adds 1–5 years for aggregate loss over $100,000.
Identity Theft
PC §530.5
Common companion when victim's personal info used to fabricate checks.
Grand Theft
PC §487
Companion when total loss exceeds $950.
Elder Abuse
PC §368
Enhanced exposure when victim is 65+ or dependent adult.
Collateral Consequences
- Crime of moral turpitude — deportation and inadmissibility for non-citizens
- Aggravated felony under INA §101(a)(43)(M) when loss exceeds $10,000
- Professional-license revocation (CPA, banking, real estate, brokers)
- Mandatory restitution to victims and financial institutions
- Ineligible for many diversion programs on felony filings
- Prohibited from banking-related employment
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §476 Check Fraud Charges
Rubin Law, P.C. defense strategies for this charge.
No Intent to Defraud
Intent-to-defraud must exist at the time of making, passing, or possession. Mistake, romance-scam victim, or work-from-home scam victim defenses succeed regularly.
PC §476 mens rea
Authorized Signature or Alteration
Signature by account holder's spouse, business partner, or authorized agent defeats forgery-of-signature theory.
People v. Nguyen
Check Was Not Fictitious
The instrument was a real check on a real account with real funds — even if disputed post-facto. §476 does not reach ordinary disputed payments.
PC §476 element
Civil Payment Dispute
Bounced check on real account with dispute over goods/services is a civil matter — not §476. Section 476a (NSF) at most.
Civil Code §1719
Illegal Search / Miranda
Suppress bank records obtained without §1524 warrant. Suppress interrogation statements without Miranda.
Miranda v. Arizona
Diversion / Restitution Disposition
First-offense §476 with full restitution frequently resolves via §1001.95 diversion or civil compromise under §1377 for misdemeanor filings.
Constitutional Sources
07 — Court Process
How PC §476 Check Fraud Cases Move Through Los Angeles Courts
How this case moves through LA County criminal courts.
- 1
Step 1 — Bank/Merchant Report
Financial institution or merchant reports the fictitious check via FinCEN SAR filing or local PD referral.
- 2
Step 2 — Investigation
PD Financial Crimes Unit, USPS Postal Inspection, or FBI White-Collar Task Force investigate. Cell-site, surveillance, and handwriting analysis developed.
- 3
Step 3 — Arrest / Search Warrant
Warrant executed for check-writing equipment, computers, bank statements, and identifying documents.
- 4
Step 4 — Arraignment / Bail Hearing
Bail on §476 felony typically $20,000-$100,000. Enhanced with §530.5 or §186.11 counts.
- 5
Step 5 — Preliminary Hearing
Cross-examination of forensic-accountant and handwriting-expert witnesses. Intent-to-defraud elements contested.
- 6
Step 6 — Trial, Diversion, or Plea
Common outcomes: PC §1001.95 diversion with full restitution, reduction to §476a NSF or civil compromise, or negotiated misdemeanor plea avoiding CIMT exposure.
Los Angeles Courts That Handle PC §476 Check Fraud Cases
LA-area courts most commonly handling filings of this offense.
Clara Shortridge Foltz CJC
Downtown LA — DA Financial Crimes Division.
Van Nuys Courthouse
San Fernando Valley check-fraud filings.
Long Beach Courthouse
Harbor-area commercial check-fraud filings.
Pomona Courthouse
East LA County check-fraud filings.
US District Court, Central District of CA
Federal parallel filings under 18 U.S.C. §1344.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Check Fraud Defense Attorney
Daniel S. Rubin has defended clients charged with check fraud and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §476 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Check Fraud Cases Throughout LA County
09 — FAQs
PC §476 Check Fraud Questions — Los Angeles
What is PC §476?
California's check-fraud statute. Punishes making, passing, uttering, or possessing a fictitious or altered check with intent to defraud. Wobbler up to 3 years state prison.
What is the penalty for PC §476?
Felony: 16 months, 2, or 3 years state prison plus up to $10,000 fine and mandatory restitution. Misdemeanor: up to 1 year county jail. Aggregate loss >$100,000 adds 1–5 years under §186.11.
What is the difference between §476 and §476a?
§476 covers fictitious or altered checks — fabricated or modified. §476a covers real-account checks with insufficient funds. Different elements, different defenses, different sentencing.
What if I was a victim of a work-from-home or romance scam?
Strong defense. If you deposited a counterfeit check believing you were being paid legitimately, or forwarded funds without knowing the check was fake, you lacked intent to defraud. Rubin Law, P.C. regularly obtains dismissals on this theory.
Can §476 be reduced to a civil matter?
Yes, often. Misdemeanor §476 filings frequently resolve via civil compromise under PC §1377 or diversion under §1001.95 when the check-writer makes full restitution and the victim consents.
Are there immigration consequences?
Yes, severe. §476 is a crime of moral turpitude — deportable and inadmissible. At loss >$10,000, aggravated felony under INA §101(a)(43)(M) attaches — mandatory removal.
Will my professional license be affected?
Very likely. CPAs, real-estate brokers, banking-industry employees, attorneys, and financial-professional licenses generally require disclosure and may be suspended or revoked on §476 conviction.
What should I do if I am being investigated for check fraud?
Do not speak to police, bank fraud investigators, or postal inspectors without counsel. Preserve all records related to the transaction. Call Rubin Law, P.C. immediately.
Available 24/7 — Free Consultation
Charged With PC §476 Check Fraud in Los Angeles?
PC §476 is a wobbler with felony state-prison exposure, aggravated-felony immigration consequences, and license-revocation risk. Rubin Law, P.C. defends check-fraud cases with scam-victim and diversion strategies. Call 24/7.