California Crimes - Forgery / False Impersonation / Extortion

Forgery, under California Penal Code section § 470 is committed when a” 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.” Subdivision d refers to “any check, bond, bank bill, or note, cashier's check, traveler's check, money order, post note, draft …” amongst the items.

The punishment for forgery could be either state prison or county jail. What determines whether the case will be filed as a felony or misdemeanor is the amount of the money involved and the accuser’s prior criminal record. In most forgery cases, it will not matter whether the victim actually suffered any monetary loss or not, rather it’s the intent that matters.

Under California Penal Code Section 529 “Every person who falsely personates another in either his private or official capacity, and in such assumed character either:

   1. Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take such bail or surety;
   2. Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with intent that the same may be ecorded, delivered, or used as true; or,
   3. Does any other act whereby, if done by the person falsely personated, he might, in any event, become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture, or penalty, or whereby any benefit might accrue to the party personating, or to any other person;

Is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison, or in a county jail not exceeding one year, or by both such fine and imprisonment.” These sort of charges are more prevalent in the business industry and can be quite complicated to fight. Criminal Defense Team has handled a number of these highly specialized cases and be of great assistance to those looking to defend themselves against these charges.

Finally, Penal Code Section 518 defines extortion as “the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.” If force or threat of force is used then extortion is punishable as a felony unless the crime charged is attempted extortion which can be charged both as a felony and a misdemeanor (wobbler.)

Criminal Defense Team has handled many fraud, forgery, and similar cases in almost all major Southern California Courts and has received impressive results. Our attorneys have litigated criminal cases in Orange County criminal courts, San Bernardino Criminal Courts, Riverside Criminal Courts, San Diego Criminal courts, and Los Angeles Criminal Courts. Call us for a free consultation today.