Forgery involves the creation or altering of a legal document for the purpose of fraud. For California forgery cases, it can be helpful to know the differences between state and federal forgery crimes.
Key differences from federal forgery
California’s forgery laws are more comprehensive than federal laws. While federal laws primarily target specific documents like currency, securities, and federal documents such as passports, California’s laws include a wider array of documents.
State laws cover checks, contracts, wills, deeds, and legal papers, making them applicable to more everyday situations. For instance, altering a check or forging a signature on a contract can be prosecuted under California law, even if these actions do not fall under federal jurisdiction.
Elements of state forgery
To secure a conviction for forgery under California law, prosecutors must prove several elements beyond a reasonable doubt.
First, they need to demonstrate that the accused person intentionally altered, forged, or counterfeited a document. Intent is a crucial component; the prosecution must show that the accused had the specific intent to defraud another person or entity.
Additionally, the forged document must have legal significance or be capable of defrauding someone. For instance, a forged check, contract, or identification card meets this criterion. The prosecution must also prove that the accused knew the document was false or altered and intended to use it to deceive others.
Empowering yourself with knowledge
Knowing these differences empowers you to take action to protect yourself if you are accused of committing forgery. Stay informed and proactive to safeguard your rights under both state and federal laws.