California Penal Code §470 — Forgery
PC §470 punishes signing another person's name, altering a legal instrument, or passing a forged document with intent to defraud. Forgery is a wobbler — misdemeanor punishable by up to 1 year in county jail, or felony punishable by 16 months, 2, or 3 years. When the instrument is a check or access card for $950 or less, the offense is a misdemeanor only under PC §473(b).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Forgery Cases in All LA County Courts
01 — Quick Facts
PC §470 — Forgery at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §470 — Forgery |
| Code Type | Penal Code (PC) |
| Classification | Wobbler (Misdemeanor or Felony) |
| Misdemeanor Penalty | Up to 1 year county jail + $10,000 fine |
| Felony Penalty | 16 months, 2, or 3 years county jail (PC §1170(h)) |
| $950 or Less (Checks / Access Cards) | Misdemeanor only — PC §473(b) |
| Strike | No |
| Moral Turpitude | Yes — CIMT for immigration purposes |
| Restitution | Full loss amount to any victim |
| Probation | Available for both felony and misdemeanor |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §470?
What Is California Penal Code §470?
PC §470 Reads:
"Every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person to any of the items listed in subdivision (d) is guilty of forgery."
— California Penal Code §470(a)
California forgery law reaches four distinct acts: (1) signing another's name without authority, (2) counterfeiting or forging a seal or handwriting, (3) altering or falsifying a legal instrument, or (4) passing a forged instrument knowing it to be forged. Each requires specific intent to defraud — mere possession of a fake document without fraudulent intent is not §470 forgery.
The Four Ways to Commit Forgery
PC §470 is prosecuted under subsections (a) through (d). The most commonly charged is (a) — signing another's name to an instrument such as a check, deed, will, contract, or power of attorney.
PC §470 — Forgery
Creating, altering, or passing a false instrument with intent to defraud. Wobbler. Requires proof of fraudulent intent at the moment of the act.
PC §476 — Check Fraud
Making, passing, or possessing a fictitious check. Overlaps with §470 for checks but is charged when the entire check is fabricated rather than a signature forged.
Why Forgery Charges Escalate Fast
Forgery is a CIMT (crime of moral turpitude) under federal immigration law and California licensing law. A conviction — even misdemeanor — triggers deportation exposure for non-citizens, bar discipline for attorneys, revocation for real estate and healthcare licenses, and lifetime ineligibility for most financial services jobs. Rubin Law, P.C. defends forgery cases by attacking the intent element and by negotiating for reductions to non-CIMT offenses under PC §17(b) and PC §1385.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §470
To convict under PC §470, the prosecution must prove each of the following elements beyond a reasonable doubt.
You Signed, Altered, or Passed a False Document
The People must prove a specific act: signing another's name, altering a genuine instrument (changing amounts, dates, signatures), counterfeiting a seal/handwriting, or passing an already-forged item as genuine.
You Acted With Intent to Defraud
Intent to defraud requires purpose to deceive another person and cause a loss of money, property, or a legal right. Momentary mistake, joke, or reliance on the document holder's authority does not satisfy this element.
You Knew the Document Was False (Passing Cases)
When the charge is passing rather than making a forgery, the People must prove actual knowledge that the instrument was forged at the moment it was passed. Recklessness or negligence is insufficient.
04 — Penalties
Penalties for PC §470 Forgery in California
PC §470 is a wobbler in most circumstances. PC §473(b) automatically reduces certain forgery counts involving $950 or less to a misdemeanor.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Misdemeanor Forgery | PC §470 / §473(b) | Up to 1 year county jail | Yes — up to 2 years | No |
| Felony Forgery | PC §470 / §473(a) | 16 months, 2, or 3 years county jail | Yes — up to 3 years formal | No |
| Forgery of Check/Access Card ≤$950 | PC §473(b) | Up to 1 year jail (misdemeanor only) | Yes | No |
| Prior Felony + Aggravated Loss | PC §470 + §186.11 | Up to 5 additional years | Limited | No |
Enhancements That Increase Forgery Exposure
Aggravated White-Collar Enhancement
PC §186.11
Loss exceeding $100,000 in a pattern of related fraud adds 2, 3, or 5 years and property forfeiture.
Excessive Taking Enhancement
PC §12022.6
Additional years based on loss thresholds (currently repealed for offenses after 2018, but still applies to some older filings).
Prior Fraud Convictions
PC §667.5(b)
Prior prison-committed felonies can add 1 year each (limited by Senate Bill 136).
Elder Victim
PC §368
Forgery targeting a victim 65+ is often charged concurrently with elder fraud — 2, 3, or 4 years.
Multiple Counts
PC §654
Each forged instrument is a separate count. Courts frequently impose consecutive sentencing.
Restitution
PC §1202.4
Mandatory full restitution to every victim — not dischargeable in bankruptcy.
Beyond the Sentence
- Crime of moral turpitude — deportation exposure for non-citizens
- State bar discipline for attorneys
- Loss of real estate, insurance, and healthcare licenses
- Employment ineligibility for banking and financial services
- Civil liability for fraud (treble damages under Civ. Code §1709)
- Mandatory restitution — not dischargeable in bankruptcy
- Federal firearm prohibition if felony
- Public record accessible to employers via background checks
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §470 Forgery Charges
Forgery cases turn on intent. Rubin Law, P.C. focuses on the fraudulent-intent element, the authority defense, and reductions under PC §17(b).
No Intent to Defraud
The touchstone of forgery is specific intent to defraud. Family disputes over checks, joint accounts, and estate administration frequently produce §470 filings that lack the required mental state.
PC §470 / CALCRIM 1900
Authority to Sign
Express or implied authority (POA, business signatory, spousal authority on joint accounts) is a complete defense. We produce the underlying authorization documents at the earliest possible stage.
Prob. §4120 / Corp. §313
Good-Faith Belief in Authority
Even a mistaken but good-faith belief that the defendant had authority to sign defeats the specific-intent element. People v. Katz (1962) 207 Cal.App.2d 739 controls.
People v. Katz
No Knowledge of Forgery
In passing cases, the People must prove the defendant knew the document was forged. Innocent receipt from a third party — an employer, family member, online sale — is a complete defense.
CALCRIM 1935
Civil Dispute Miscast as Crime
Contract disputes, partnership disputes, and family disputes are routinely reported as forgery when they belong in civil court. We move for factual innocence and DA reject on this basis.
PC §851.8
PC §17(b) Reduction to Misdemeanor
Even when guilt cannot be avoided, we move to reduce felony forgery to a misdemeanor under PC §17(b) — often eliminating the deportation, licensing, and firearm consequences.
Prop 47 Reduction (Retroactive)
For pre-2014 felony convictions involving $950 or less in checks or access cards, PC §473(b) applies retroactively under Prop 47 — reducing the conviction to a misdemeanor with fewer collateral consequences.
Prop 47 / PC §473(b)
Constitutional Sources
07 — Court Process
How PC §470 Forgery Cases Move Through Los Angeles Courts
Forgery cases proceed through the standard felony or misdemeanor track depending on filing.
- 1
Step 1 — Investigation / Bank Fraud Unit
Most forgery cases originate with a bank fraud investigator reviewing surveillance and signature cards. Detectives frequently seek a voluntary interview — do not agree without counsel.
- 2
Step 2 — Filing Decision
The DA reviews loss amount, prior record, and evidence strength to file misdemeanor or felony. Pre-filing intervention often changes this decision.
- 3
Step 3 — Arraignment
Charges are read, plea entered, and bail set. Felony forgery bail typically runs $20,000–$50,000 depending on loss amount.
- 4
Step 4 — Preliminary Hearing (Felony)
The People must show probable cause. We challenge signature-comparison evidence, chain of custody on the instrument, and the intent element.
- 5
Step 5 — Motion Practice / Restitution Negotiation
Many forgery cases resolve favorably through full pre-plea restitution. We negotiate diversion, PC §1000 pre-trial pathways, and misdemeanor reductions.
- 6
Step 6 — Plea, Trial, or Diversion
First-offense misdemeanor cases frequently qualify for diversion under PC §1001.95. Felony cases resolve via plea, trial, or PC §17(b) reduction post-plea.
Los Angeles Courts That Handle PC §470 Forgery Cases
Forgery cases are filed at the courthouse serving the location where the instrument was passed or presented.
Clara Shortridge Foltz Criminal Justice Center
Central LA — largest fraud calendar in the county.
Van Nuys Courthouse
San Fernando Valley bank and check fraud filings.
Airport Courthouse
LAX and West LA forgery filings.
Pomona Courthouse
Eastern LA County forgery cases.
Long Beach Courthouse
South Bay and Long Beach forgery filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Forgery Defense Attorney
Daniel S. Rubin has defended clients charged with forgery 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 §470 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Forgery Cases Throughout LA County
09 — FAQs
PC §470 Forgery Questions — Los Angeles
Is forgery a felony in California?
PC §470 is a wobbler — chargeable as either misdemeanor or felony. When the forged instrument is a check or access card of $950 or less, PC §473(b) automatically limits the charge to a misdemeanor. Felony forgery carries 16 months, 2, or 3 years in county jail under PC §1170(h); misdemeanor carries up to 1 year.
What is the required intent for forgery?
The People must prove specific intent to defraud — purpose to deceive another and cause loss of money, property, or a legal right. A joke, mistake, or reliance on genuine authority defeats this element. Intent is often the entire battleground in forgery trials.
Can I be charged with forgery for signing my spouse's or business partner's name?
Only if you lacked authority AND intended to defraud. Joint accounts, powers of attorney, corporate signatory authority, and community-property rights frequently provide either express or implied authority — a complete defense under People v. Katz (1962).
Is forgery a deportable offense?
Yes. Forgery is a crime of moral turpitude and, when the loss exceeds $10,000, an aggravated felony under 8 USC §1101(a)(43)(M) — mandatory deportation and permanent inadmissibility. Non-citizens must obtain a plea to a non-CIMT offense, or a misdemeanor reduction under PC §17(b), to preserve immigration status.
What is Proposition 47 and how does it affect forgery?
Prop 47 (approved 2014) added PC §473(b), which makes forgery of a check or access card for $950 or less a misdemeanor only. The law applies retroactively — pre-2014 felony convictions can be reduced by petition under PC §1170.18.
Can forgery be resolved through diversion?
First-offense misdemeanor forgery frequently qualifies for judicial diversion under PC §1001.95 — case dismissed after completion of program. Cases involving substance-use nexus may qualify for PC §1000 drug diversion. We seek diversion aggressively as the highest-value outcome for first offenders.
Do I owe restitution even if I take the case to trial?
Only if convicted. Under PC §1202.4, restitution is mandatory following conviction — full economic loss to every victim, joint and several with codefendants. Restitution is not dischargeable in bankruptcy. A not-guilty verdict eliminates restitution entirely.
Should I talk to a bank fraud investigator or detective?
No. Bank fraud investigators are trained interviewers building a case against you. Politely say, 'I want to speak with an attorney before answering questions,' and end the conversation. Rubin Law, P.C. handles the entire pre-filing communication and, when appropriate, submits a defense package that prevents the case from being filed at all.
Available 24/7 — Free Consultation
Charged With Forgery Under PC §470?
The intent element is where forgery cases are won. Call Rubin Law, P.C. before speaking with any investigator — pre-filing intervention often prevents charges from being filed.