--- title: "California Penal Code 475: Possession of Counterfeit Items, Explained" description: "Whether a Penal Code 475 charge is a misdemeanor or felony comes down to a specific dollar threshold set by Proposition 47, plus exceptions that override it. Here's what actually determines the charge, and how it relates to forgery and counterfeit seal charges." url: "https://www.thehfirm.com/blog/possession-of-counterfeit-items" site: "H Law Group" published: "2026-07-15T09:00:00.000Z" --- # California Penal Code 475: Possession of Counterfeit Items, Explained Whether a Penal Code 475 charge is a misdemeanor or felony comes down to a specific dollar threshold set by Proposition 47, plus exceptions that override it. Here's what actually determines the charge, and how it relates to forgery and counterfeit seal charges. Category: Criminal Defense Author: Jardnt -- Jardnt is an intake specialist at The H Law Group, assisting individuals seeking trusted California criminal defense and DUI legal representation with prompt and compassionate case evaluations. Whether a Penal Code 475 charge ends up a misdemeanor or a felony almost never comes down to the prosecutor's mood. It comes down to a specific dollar threshold set by Proposition 47, plus a short list of exceptions that can override it regardless of the amount involved. That threshold is the single most important fact in a case like this, and it's often left out of general summaries of the charge. This guide covers what PC 475 actually requires, what determines whether it's charged as a misdemeanor or a felony, the sentencing that follows, and how it relates to other forgery and counterfeiting charges. ## What PC 475 actually requires Under [Penal Code 475](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=475), it's a crime to possess or receive a forged, altered, or counterfeit item, most commonly a check, money order, or similar financial instrument, knowing it's forged, with the intent to pass it off and defraud someone. A common example is completing and attempting to cash someone else's blank check without authorization. The prosecution has to prove both that the person knew the item was forged and that they intended to use it to defraud someone; simply having a forged document without either of those elements isn't enough. ## What actually decides misdemeanor vs. felony Penal Code 475 is a wobbler, but which way it goes isn't arbitrary. Under the framework Proposition 47 set up in 2014, and applied here the same way it applies to [forgery under Penal Code 470](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=470), the offense is generally a misdemeanor when the forged item involved, like a check, money order, or similar instrument, is worth $950 or less. There are exceptions that override the misdemeanor cap regardless of the dollar amount: a prior conviction for certain serious or violent felonies, a requirement to register as a sex offender, or a conviction in the same case for identity theft under Penal Code 530.5. If any of those apply, the case can be charged as a felony even at a low dollar value. ## The sentencing once charged As a misdemeanor, PC 475 carries up to a year in county jail, a fine of up to $1,000, and often the option of summary probation rather than actual custody time. As a felony, it carries the standard realignment triad of 16 months, 2 years, or 3 years in county jail, plus a fine of up to $10,000, with formal probation sometimes available depending on the specifics of the case and the defendant's record. A violation of probation on either version can result in the original custody term being imposed. ## Related charges Several nearby statutes cover similar conduct with their own thresholds and penalties. [Forgery under Penal Code 470](/penal-codes/pc-470-530-5-forgery-identity-theft) uses the same $950 threshold and exceptions as PC 475, since both were shaped by the same Proposition 47 framework. Forging or possessing a counterfeit public, court, or corporate seal under Penal Code 472 is also a wobbler, carrying up to a year and a $1,000 fine as a misdemeanor, or 1 to 3 years and a $10,000 fine as a felony. Counterfeiting a registered trademark, the kind of charge that comes up with fake designer goods rather than financial instruments, falls under a separate statute, Penal Code 350, and isn't governed by the same $950 threshold used for PC 475 and PC 470. ## Common defenses - Lack of knowledge: if the person didn't know the item was forged or counterfeit, the charge fails on a required element. - No intent to defraud: possessing a forged item without an intent to pass it off or use it to defraud someone doesn't satisfy the statute. - Challenging the evidence: disputing how the item was obtained, tested, or identified as forged. - Value and eligibility for the misdemeanor threshold: confirming the actual value of the instrument and whether any of the exceptions that override the $950 cap actually apply to the case. ## Misdemeanor vs. felony PC 475: quick comparison - What determines it: the value of the forged item, generally $950 or less for a misdemeanor, unless a disqualifying prior or related identity theft conviction applies. - Misdemeanor sentence: up to 1 year in county jail, a fine of up to $1,000, often with summary probation available. - Felony sentence: 16 months, 2 years, or 3 years in county jail, a fine of up to $10,000, with formal probation possible depending on the case. - Exceptions that override the threshold: certain prior serious or violent felony convictions, sex offender registration requirements, or a same-case conviction for identity theft under Penal Code 530.5. ## Frequently asked questions ### Is possession of counterfeit items always a felony in California? No. Penal Code 475 is a wobbler, and it's generally a misdemeanor when the forged item is worth $950 or less, unless the defendant has a disqualifying prior conviction, has to register as a sex offender, or is also convicted of identity theft in the same case. ### What's the difference between PC 475 and PC 470 forgery? They overlap significantly and use the same $950 threshold from Proposition 47. PC 470 generally covers the act of forging the document itself, while PC 475 covers possessing or receiving a forged item with intent to defraud, even if the person charged didn't create the forgery. ### Does the value of the forged check determine the charge? Yes, in most cases. A forged check, money order, or similar instrument worth $950 or less generally results in a misdemeanor charge, absent one of the specific exceptions that override that cap. ### Is counterfeiting a brand-name product the same charge as PC 475? No. Counterfeiting a registered trademark, like fake designer goods, falls under Penal Code 350, a separate statute with its own thresholds, not the $950 financial-instrument framework used for PC 475 and PC 470. ### Can probation keep me out of jail on a PC 475 charge? It can. Both the misdemeanor and felony versions of the charge can be resolved with probation depending on the circumstances and the defendant's record, though violating the terms of probation can result in the original jail or prison term being imposed. --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. 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