California Theft Lawyer FAQs

Arrested for theft in Sonoma, Napa, Marin, Lake, Mendocino or Humboldt County? Call us today! Our experienced theft attorneys are ready to assist you with every step of the legal process and work towards a successful outcome in your case.

Q. My best friend wanted me to cash a check for her. She told me that her sister was hurt in an accident and couldn't leave her house to go to the bank and cash her check. She had an endorsed check from her sister and her sister's license and asked me to help her. I refused because her story sounded a little strange. If I had gone to a bank to cash her sister's check, could I have gotten in trouble?

A. Absolutely! Regardless of your good intentions to simply help your friend and her sister, you would have been in jeopardy of being charged and/or convicted of forgery, possession of a completed check with intent to defraud and/or second degree burglary. As to the burglary charge, the prosecution would have to prove that you entered a building either (1) with the specific intent to steal or (2) with the specific intent to commit forgery, or (3) to commit the crime of possession of a completed check with the specific intent to defraud or (4) to falsely impersonate another person.

Although the first three purposes for entering a building (bank) require the prosecutor to prove a specific intent to steal or defraud beyond every reasonable doubt, the fourth category (entering a building with the purpose of falsely impersonating another) does not require a specific intent.

This type of crime is referred to as a general intent crime. In a general intent crime, the law is intended to deter and punish all acts by an impersonator that could result in a liability to another person or benefit to the impersonator whether or not the liability or benefit was intended or even foreseeable. Your decision to refuse to be involved in this check cashing process was a wise one. It may very well have protected you from being arrested and charged with a crime. Under no circumstances, regardless of your good intentions, should you ever use another person's license or identification.

Return to Top