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5 Defenses to Forgery

Posted by Dan Kann | Sep 10, 2018 | 0 Comments

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The crime of forgery is often glamorized by crime shows and movies. The reality is, forgery is a crime that can be charged as a misdemeanor or a felony.

Under California Law, forgery is a white collar crime that includes: signing someone else's name, forging someone else's handwriting, falsifying legal documents (like a will), and signing or forging a check, contract, money order or other document. The law also requires that you commit one of these actions with the intent to defraud.

Even though being accused of a California forgery is a serious charge, there are defenses available. An experienced California criminal defense attorney can look at the facts of your case to help you with your defense. Possible defenses to forgery include:

  1. No “intent to defraud”—to obtain a forgery conviction, the prosecution must show that you acted with the intent to defraud. If you did not have the intent to defraud, they cannot prove you committed forgery.
  2. Consent—You can show that you had consent from another person to sign a document on their behalf. If there was consent, there was no forgery.
  3. Your Name—You can prove you signed your name, and not the name of another person or a fake name.
  4. False accusation—You can show that your accuser's accusation is false and thus that you never committed forgery.
  5. Illegally obtained evidence—If the police obtained physical evidence against you in violation of your constitutional rights, you may have a defense against the prosecution to keep them from using that evidence.

If you are charged with the crime of forgery, it is important to get in contact with an experienced attorney at Kann California Defense Group. Our attorneys know the defenses available for forgery charges and they can help you determine the best possible defense for your case. We understand that every case is worth fighting and that a criminal conviction of forgery can have a lasting negative impact on your personal and professional life. Contact us today for a free consultation!

About the Author

Dan Kann

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.

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