Yes, but possession by itself is not enough. Penal Code section 475 covers three different kinds of instrument possession. The prosecution must prove the type of item and the particular intent required by the subsection charged. If the accusation involves a forged item under subdivision (a), it must also prove the person knew it was forged, altered, or counterfeit.
| Charge | What must be shown beyond possession |
|---|---|
| §475(a): forged or altered item | The person possessed or received a forged, altered, or counterfeit item covered by the statute; knew its status; and intended to pass or help use it as genuine with intent to defraud. This branch refers to completed items listed in section 470(d), including checks and other listed financial or property documents. |
| §475(b): blank or unfinished instrument | The person possessed a blank or unfinished check, note, bank bill, money order, or traveler’s check, intending to complete it or help complete it to defraud. The item may be real or fictitious. It need not already be a finished forgery. |
| §475(c): completed instrument | The person possessed a completed check, money order, traveler’s check, warrant, or county order, intending to pass it or help pass it to defraud. The item may be real or fictitious; this branch does not add subdivision (a)’s separate knowledge-that-it-is-forged requirement. |
These distinctions matter when someone else made or altered the document, or when an item was never used. The Judicial Council’s jury instructions 1930–1932 treat the three branches separately. They explain that an actual loss or successful deception is not required, but the relevant intent still has to be proved. Making, signing, altering, or passing a document can raise a different section 470 forgery question. A §475 charge should therefore be evaluated from the exact subdivision and item named in the charging papers, rather than from the word “forgery” alone.
Does the document’s value change the penalty?
Sometimes. Under section 473(a), forgery can be punished as a misdemeanor with up to one year in county jail or under the felony sentencing provision. Subdivision (b) instead limits punishment to no more than one year in county jail for forgery relating to a check, bond, bank bill, note, cashier’s check, traveler’s check, or money order worth $950 or less. That rule does not automatically cover every document listed in §475.
The low-value rule also has exceptions. The statute permits the felony sentencing route for someone with certain specified serious or violent felony or registrable-offense priors, and excludes a person convicted of both forgery and identity theft when the convictions have the required connection. The California Supreme Court held in People v. Gonzales that merely resolving unrelated forgery and identity-theft counts in the same proceeding is not enough for that identity-theft exception. The instrument, its value, prior record, and any related identity-theft count all matter before anyone can say which penalty rule applies.
If you face a §475 accusation, keep the charging document and preserve the original item and records showing how you obtained it, what you knew, and what you intended to do with it. Those facts can separate possession from the knowledge and fraud intent the charge requires. The Law Offices of David S. Chesley can discuss a California forgery accusation at (800) 755-5174.