California law makes it a crime to file false documents. The state treats any attempt to submit forged, altered, or misleading records as a direct attack on the integrity of public institutions. These documents could include title deeds, liens, court papers, permits, or any other record filed with a public office. Submitting a document with even a simple, misleading note can result in an arrest and charges under California Penal Code 115.
Filing false documents is a felony that can attract severe legal and collateral consequences. Even after serving prison time and paying fines, you will have a permanent criminal record. A felony conviction on your record can impact your career, job prospects, and reputation. If you or your loved one faces charges for this offense, you will need expert legal insight.
At CCLG: Los Angeles Criminal Attorney, we offer the expert guidance and representation you need to fight the charge in Los Angeles, CA.
An Overview of California Penal Code 115
Penal Code 115 makes it a felony to file, register, or record a false document in any public office in California. To secure a conviction under this statute, the prosecution must prove the following elements beyond a reasonable doubt:
You Filed, Registered, or Recorded a Document
The first element that the prosecution must establish is that you submitted a document to a California public office. It could include:
- County recorders
- Courts
- Government licensing agencies
- Other state offices
You can also be guilty of the offense if you caused someone else to file the document for you. The court does not require evidence of actual personal submission.
The Document Was False or Forged
The second element that the prosecution must prove is that the alleged document contained false information. A false document could be any of the following:
- Fake deeds
- False liens
- Forged powers of attorney
- Altered court filings
- False business documents
- Fake financial statements
The false information that can suffice under this statute must be material. It means that the falsehood must affect someone’s rights, property, or legal status. A small typo or minor formatting mistake does not count.
The Document Could Be Legally Filed
The type of document you file can affect the outcome of your case. Penal Code 115 only applies to documents that could be legally filed or recorded. For example, deeds, liens, court papers, and government forms can qualify. This element prevents prosecution for filing something that would never belong in a public office.
The Defendant Knew the Document Was False
Knowledge is a crucial element of California Penal Code Section 115. The prosecution must prove that you knew of the document’s false nature. If you honestly believed the document was accurate, the court cannot find you guilty of the offense. This element protects people who made honest mistakes or misunderstood information. Without knowledge, there is no crime under Penal Code 115.
You Acted Knowingly and Intentionally
The last element that the prosecution must prove to establish your liability for filing false documents is your intent. You must have knowingly filed the document with awareness of what you were doing. Accidental filing does not count as a violation.
Filing under pressure, confusion, or misunderstanding may also defeat this element. The prosecution must prove that you intentionally completed the act. It means you took further steps to submit the document and wanted it to become part of the public record.
Penalties for Filing False Documents in California
Filing false documents is a serious offense. Under California law, a PC 115 violation is charged as a felony. A conviction under this statute will result in the following penalties:
- Incarceration. A felony conviction for filing false documents can result in a prison sentence ranging from 16 months to two or three years. The specific sentence you will face will depend on the facts of the case. If the court believes the crime involved planning, deception, or financial loss, the judge may impose harsher punishment.
- Fines. A conviction can also result in fines of up to $10,000. Sometimes the court orders both a fine and prison time. The court may also order additional costs, such as fees and assessments.
- Restitution to victims. If someone suffered a financial loss due to the false document, the court can order restitution. This can include repayment for property damage, legal fees, and economic loss. Restitution is separate from fines.
Probation for Filing False Documents
Sometimes the court grants felony probation instead of prison time after conviction under PC 115. This allows you to avoid prison. Felony probation lasts for up to five years. You must negotiate the sentence with the prosecution. If the court sentences you to probation, the judge can impose the following conditions:
- Community service
- Restitution payments
- Staying away from the victim
- Regular check-ins with a probation officer
- obeying all laws
If you violate one or more probation terms, the judge can revoke the probation. After a probation revocation, the court can impose either the original sentence or the maximum sentence for the offense.
Penalties for Filing Multiple False Documents
For each false document you file, you will face a separate felony charge. A judge may order consecutive sentences, resulting in lengthy prison terms.
Enhanced Penalties for Prior Convictions
If the defendant has a prior conviction for the same offense, the penalties increase. The judge may order additional prison time. The prosecution may also refuse probation.
Collateral Consequences of a Conviction for Filing False Documents in California
The consequences of a conviction under Penal Code 115 extend beyond criminal penalties. The law treats this offense as a serious act of fraud. Because of that, the conviction can follow you long after your criminal case has ended. The lasting consequences of a conviction for filing false documents include:
Loss of Professional Licenses
A conviction under Penal Code 115 can strongly affect your professional license. Licensing boards that regulate:
- Doctors
- Nurses
- Accountants
- Real estate agents
- Contractors
The boards view filing false documents as dishonest conduct, which can lead to suspension, probation, or permanent loss of the license. Even if the board does not permanently remove the license, you will face a suspension and fines. The conviction may also mean you will not be able to get a new license in the future.
Negative Immigration Consequences
Filing false documents is considered a crime of moral turpitude. If you are a Non-citizen, facing a conviction for this offense can result in harsh immigration consequences. These can include :
- Deportation
- Denial of visas
- Loss of green card status
- Ineligibility for citizenship
- Inadmissibility
Immigration courts take fraud offenses seriously. Therefore, a single conviction can affect a person’s entire future in the country.
Damage to Employment Opportunities
A felony conviction will remain on your criminal record, which is publicly accessible. If an employer performs a background check on you and finds a conviction, they can use it against you. Employers often reject applicants with fraud-related offenses because they fear the risks associated with money and trust. A PC 115 conviction can block you from careers in:
- Banking
- Finance
- Real estate
- Law
- Healthcare
- Government
Some employers may fire you from your current position after a fraud conviction. This can occur if your job involves handling paperwork or financial tasks.
Loss of Housing Opportunities
California landlords perform background checks on potential tenants before agreeing to rent or lease. Felony charges could make it challenging to find a decent home to live in. Many landlords view fraud offenses as acts of dishonesty.
Financial Stress and Long-Term Debt
A conviction for fraud may result in restitution and fines imposed by the court. The court may order you to pay restitution before you complete your probation. These financial burdens make it difficult to rebuild stability. A conviction may also limit income because of reduced job opportunities. Together, these effects can create long-term debt that impacts your savings and credit.
Loss of Civil Rights and Personal Reputation
Felony convictions limit civil rights. While in prison or serving the felony conviction obligations, you cannot serve on a jury or work in certain public positions. Fraud offenses can also carry a social stigma. Friends, colleagues, and community members may lose their trust in you. That may affect your relationships and future success.
Defenses Against Charges for Filing False Documents in California
Filing false documents in California is a serious offense. A violation of PC 115 can lead to felony charges, incarceration, and a criminal record. However, facing accusations for the offense does not mean you will be convicted. With the guidance of a reliable lawyer, you can present the following defenses against the charges:
You Did Not Intend to Defraud
The prosecution must prove your intent to convict you of filing false documents. They must show that you intended to deceive or defraud. If you had no intention to mislead anyone, the crime is not complete. You can avoid a conviction by arguing that you lacked the intent.
You can do this by proving that you relied upon third-party information and that you thought the document was legitimate. An honest motive can weaken the case. Your lawyer can use emails, texts, witness statements, or work records to show you acted in good faith.
You Did Not Know the Document Was False
The prosecution must prove your knowledge that the documents were false before you face a conviction under PC 115. This means that you knew the document contained false or misleading information. Sometimes people file documents without checking every detail. If you reasonably believed the information was accurate, you can avoid liability under this statute.
You can use the lack of knowledge defense if your case involves these facts:
- Complex paperwork
- Tax documents
- Real estate forms
- Government applications
Your lawyer can show that you relied on professionals, assistants, or trusted sources.
False Allegations
Another defense you can use to defend PC 115 charges is to claim you did not file the documents. The prosecution must prove you were the indictor who did or attempted to indict another person to do so. If multiple people have access to a computer or account, someone else may have filed the paperwork without your permission.
Additionally, you may have been a victim of identity theft. Such incidents are common in workplaces, real estate offices, and tax preparation settings. If your lawyer can show that someone else handled the filing, your charges may be reduced or dismissed.
You Were Forced or Pressured to File the Document
If you only filed the document because of threats, pressure, or coercion, you can use this as a defense in your case. Coercion reduces your responsibility because you did not act freely. You can argue that you were under pressure from:
- A boss
- Business partner
- Family member
When proving coercion, you must show that you genuinely feared for your safety or for your job. When a person acts under duress, they lack the criminal intent needed for these offenses. You can use evidence such as messages, emails, or witness accounts to support your defense.
The Document Was Not Actually False
You will only face conviction under PC 115 if the document was legally false. Sometimes, accusations are based on misunderstandings. A document may look inaccurate, but not lawfully false. Some documents allow estimates and subjective statements.
If your lawyer can show that the information was within legal limits, you can avoid conviction. Mistakes in spelling, formatting, or minor details do not count as filing a false document. The law focuses on statements that can affect the document’s purpose. If the incorrect statement was minor or irrelevant, it may not qualify as fraud.
The Police Collected Evidence Illegally
Even when you face charges for a crime in California, you have constitutional rights. You can prove that the evidence presented in your case is illegal if the police obtained it through the following means:
- Without a valid warrant
- Without proper consent
- Through unlawful searches and seizures
In this case, you can petition the court to dismiss the evidence. Without that evidence, the prosecution’s case may collapse, potentially leading to the dismissal of the case.
You Relied on Professional Advice
Many people rely on experts when filing documents. This includes lawyers, accountants, tax professionals, and real estate agents. If you followed their guidance and later learned the document was false, the mistake is not yours. This defense works best under the following circumstances:
- You hired a professional
- You provided accurate information
- The professional prepared or filed the document
You had no reason to suspect their work was wrong. If you relied in good faith, you did not act with criminal intent. Your lawyer can use invoices, emails, and communication records to support this defense.
Insufficient Evidence
The prosecution must prove every element beyond a reasonable doubt. The prosecutor relies on physical evidence, circumstantial evidence, and witness testimony to prove these elements. If their evidence is weak, incomplete, or unreliable, you use these facts as a defense.
The prosecution must show that you filed the document, that it was false, and that you knew and intended to deceive. If the prosecution failed to prove all the facts, you may claim inadequate evidence. You could challenge all the evidence presented by the prosecution in the case to produce doubt. They can undermine the credibility of witnesses, delay timelines, and question the integrity of documents.
Offenses Related to Filing False Documents in California
Filing false documents is a crime involving fraud and dishonesty. When you face charges for this offense, the prosecution can introduce the following related offenses in your case:
Penal Code 470 – Forgery
Penal Code 470 makes it a crime to sign another person’s name, alter a legal document, or create a fake document with the intent to defraud. The documents in this case include deeds, contracts, receipts, checks, and identification papers. Forgery is closely linked to false filings because many false documents begin with an altered or forged record.
- To secure a conviction for forgery, the prosecution must prove:
- You made, altered, or signed a document
- You acted without permission or made a material change
- You intended to deceive or gain an unlawful benefit
Forgery is a “wobbler.” It means that the prosecution can charge you with a felony or misdemeanor. The value involved, and your record, can dictate the nature of your charges. A misdemeanor forgery conviction carries a sentence of up to one year in county jail.
As a felony, forgery is punishable by 16 months to two or three years in prison. Additionally, the court can impose fines, probation, and restitution. Forgery involves dishonesty. Therefore, the record can harm your credibility in future legal matters.
- Court
- Depositions
- Administrative hearings
- Written declarations signed
To convict you of perjury, prosecutors must prove the following elements:
- You took a lawful oath
- You willfully stated false information
- The false statement was material and capable of affecting a decision
Penal Code 118 – Perjury
You commit the crime of perjury by intentionally lying or making false statements under an oath or during court proceedings. Perjury is a felony punishable by up to four years in state prison. Judges may also impose fines, formal probation, and community service as penalties.
A perjury conviction damages your credibility and can weaken your position in future legal disputes. If you file false documents under oath, the prosecution can file charges for perjury alongside filing false documents. Since the sentences run concurrently, you can spend a significant period behind bars.
Penal Code 134 – Preparing False Evidence
California Penal Code 134 targets anyone who creates, alters, or prepares false evidence with the intent to present it in a legal proceeding. The documents in this case can include:
- Fake documents
- Altered records
- False receipts
- Misleading paperwork
You can face an arrest and charges under those statutes even if you do not use the false evidence. However, the prosecution must prove that the false documents were designed to influence a court or investigation. To secure a PC 134 conviction, prosecutors must prove that you prepared false evidence. The prosecution does not need to show that the court relied on the document. Preparing false evidence is always a felony.
A conviction for the offense results in a prison sentence of up to three years. The court may also order fines and probation. Preparing false evidence threatens the fairness of court proceedings. Therefore, a conviction can affect your professional license and immigration status.
Penal Code 132 – Offering False Evidence
Penal Code 132 makes it a felony to knowingly offer false or forged documents in a legal proceeding. The legal proceedings include:
- Hearings
- Trials
- Depositions
- Administrative matters
The crime focuses on presenting the false record, not creating it. The court can find you guilty of violating PC 132 even if someone else prepared the document on your behalf. The prosecution must prove these elements to secure a conviction for offering false evidence:
- You knowingly presented a false document as evidence
- You intended the court or agency to rely on it
Offering false evidence is a felony that carries a sentence of up to three years in state prison. If you prepared a false document and presented it in court in another legal proceeding, you can face charges under PC 115 and 132.
Find a Skilled Criminal Defense Lawyer Near Me
You could face an arrest and charges under PC 115 if you file or cause another person to file a false document in California. Before a conviction for the offense, the prosecution must prove that you filed the document with fraudulent intent. Filing false documents is always charged as a felony in California.
After a conviction, you can spend a significant amount of time in prison and pay hefty fines. Additionally, the sentence will remain on your record and can have lasting effects on your life. Some PC 115 cases stem from false allegations, mistaken identification, and identity theft. Therefore, you can fight the charges and avoid the harsh consequences of a conviction.
You will benefit from our top-notch legal guidance at CCLG: Los Angeles Criminal Attorney, if you face charges for filing false documents in Los Angeles, CA. Our seasoned Attorneys will help you gather evidence and build a solid defense against your charges. Contact us today at 323-922-3418 and let us guide you toward securing a favorable case outcome.
