Knowingly submitting a document containing false or fraudulent information constitutes filing a false document. However, these documents must be presented to a government agency, court, or any official entity. Filing a false document is a grave offense with wide-ranging implications, including damage to the credibility of official records and potential harm like financial losses and legal consequences.

Penal Code 115, designed to uphold the integrity of various systems and institutions by discouraging fraudulent activities and maintaining public trust, addresses the offense. Under this statute, knowingly presenting false documents is categorized as a felony.

The penalties for a conviction under PC 115 can be substantial. They include fines, imprisonment, and other legal sanctions. Given these charges' gravity and potential consequences, securing legal representation is necessary. At California Criminal Lawyer Group, we stand ready to navigate you through the legal process. We will develop a robust defense strategy and represent you in a Fresno court. All efforts aim to minimize these allegations' impact while safeguarding your rights.

Filing False Documents According to Penal Code 115

Penal Code 115 pertains to the criminal offense of knowingly submitting false or forged documents to a government office. This law safeguards public records' authenticity and government operations' integrity.

Put simply, if you intentionally submit a document you know is counterfeit or forged to a government office. Further, the document could be legitimately filed or recorded if authentic. You could face a felony charge under this statute if found guilty. However, prosecutors must prove their case beyond a reasonable doubt. Only then will the jury return a guilty verdict.

Prosecutors should prove the following:

  • You knew the document you filed, registered, or recorded was false or forged. It means you were aware of the document's fraudulent nature.
  • You submitted, presented, or filed the false or forged document to a government office, court, or another official entity. Mere possession of the document is insufficient. You must have presented the document to an official body.
  • The document was indeed false, forged, or contained fraudulent information. This could involve false signatures, fabricated data, or other deceptive content.
  • The document could be legally filed, registered, or recorded if it were genuine. In other words, it must be a document that the relevant government office could typically accept if it were legitimate.
  • You acted with the intent to defraud or deceive. It means you aimed to gain an unfair advantage, causing harm, or committing fraud by submitting a false document.

Furthermore, it is crucial to highlight that numerous criminal violations under these statutes commonly involve submitting real estate-related documents. These documents include property deeds, quitclaim deeds, and deeds of trust. Depending on the specific document involved and the nature of the offense, potential charges could arise from one or more of the following legal provisions:

  • Penal Code 115 — As previously discussed, this legislation focuses on submitting false or fraudulent documents to government entities, irrespective of the document's category.
  • California's real estate fraud laws — California has enacted dedicated statutes and regulations on real estate fraud. These provisions target fraudulent activities within the real estate sector, including schemes to deceive property buyers, owners, or lenders.
  • California's mortgage fraud laws — Mortgage fraud involves deceptive practices connected to mortgage loans and real estate transactions. California maintains laws tailored to combat mortgage fraud. Typical fraudulent activities in mortgage undertakings include fabricating loan applications, inflating property values, or engaging in fraudulent lending practices.

Note: Under Penal Code Section 115, each false instrument submitted is treated as a distinct violation of the law. Additionally, every instance of procuring or offering a false or forged document for filing, registration, or recording is regarded as a separate and punishable offense. It implies that should you submit multiple false instruments or partake in numerous acts involving counterfeit documents, you could face various charges, each with legal repercussions.

After a conviction, prosecutors can request the court issue an order declaring the false or forged document null and void from its inception, known as void ab initio. This order specifies the nature of the falsification or forgery and is subsequently documented in the appropriate public office.

Importantly, this process grants significant opportunities to interested parties. These individuals or entities, particularly those with a vested interest in the affected property, are given notice and the chance to present their perspectives and arguments before the court decides to void the fraudulent document. This mechanism ensures a fair and thorough review before legal action is taken.

Examples of Cases of Filing False Documents

Below are some examples of actions that could result in charges under PC 115:

  • Individuals who knowingly submit fake property deeds, quitclaim deeds, or other real estate documents in an attempt to transfer ownership of a property they do not legally possess.
  • Submitting counterfeit financial statements, bank documents, or tax returns to obtain loans, mortgages, or government benefits.
  • Submitting forged court documents, for example, fabricated judgments or orders.
  • Presenting documents with false notary stamps or signatures to make them appear genuine.
  • Submitting forged identification materials, for example, counterfeit driver's licenses or Social Security cards, to government agencies for various purposes, for example, obtaining government benefits or licenses.
  • Submitting fraudulent business documents, including counterfeit business licenses or falsified financial records.
  • Providing false information or counterfeit documents to government agencies to fraudulently obtain welfare or unemployment benefits.
  • Presenting counterfeit contracts, agreements, or legal documents to gain an unfair advantage in business transactions or legal matters.
  • Altering or fabricating official records maintained by government agencies, including birth certificates or property records.
  • Submitting forged documents to impersonate someone else for fraudulent purposes, including opening bank accounts or taking control of existing accounts.

Legal Defenses to Fight Filing False Document Charges

There are multiple defenses to contesting charges of filing a false document under PC 115. It is vital to recognize that the choice of a defense strategy is based on the distinct particulars of each case. Here are several typical defenses that your criminal defense attorney could employ:

  • Lack of Knowledge

A common defense tactic when confronting charges of filing a false document is to invoke the lack of knowledge defense. This strategy depends on the premise that you were unaware of the document's fraudulent nature when it was submitted. You must demonstrate that you genuinely believed the document to be genuine and had no intent to engage in deceit or fraud.

PC 115 sets forth two fundamental elements for establishing guilt:

  1. Providing a document for filing and
  2. Possessing knowledge of its false or forged character.

This knowledge prerequisite constitutes a central component of the offense, and if it cannot be substantiated, it can be a viable defense against the charges.

  • You Were Falsely Accused

False accusations under PC 115 are not uncommon. Individuals may find themselves wrongly accused for various reasons, including:

  1. Family drama — Intense family conflicts can escalate to false allegations arising from family disputes, disagreements, or rifts among relatives.
  2. Property disputes — Disagreements concerning property ownership, inheritances, or real estate can lead to false PC 115 accusations when one party aims to gain an advantage or manipulate the situation.
  3. Revenge — Personal vendettas or grudges can prompt individuals to make false PC 115 accusations to seek retribution against someone they hold a grudge against.

Given these potential motives for unfounded accusations, asserting that you were unjustly implicated in a PC 115 offense is a valid defense. Providing evidence that demonstrates the allegations arise from personal conflicts or ulterior motives can cast doubt on the accuser's credibility and challenge the charges' legitimacy. However, the effectiveness of this defense hinges on the specifics of the case and the strength of the evidence supporting the defense's assertions.

  • No Public Office

Penal Code Section 115 pertains explicitly to instances where you presented a document for filing with a California public office, for example, a county recorder's office or the DMV (Department of Motor Vehicles).

You can argue that you did not submit the document to a public entity to challenge the charges. For example, if the document was presented to a private employer or company, PC 115 does not apply.

However, even if this defense succeeds, and assuming the document was indeed false or forged, you could still be subject to charges under a different statute that aligns with the unique circumstances and nature of the fraudulent document.

Penalties For Filing False Document

A violation of PC 115 is a felony. You will face the following felony penalties if convicted of the crime:

  • Up to three years in prison.
  • A maximum fine of $10,000 or both.

Probation instead of a prison sentence is possible. However:

  • If you have prior convictions under PC 115 or
  • If you have been convicted of multiple violations resulting in a total financial loss exceeding $100,000, you typically will not be granted probation or have your sentence suspended.

It means that, in cases where you have a history of PC 115 convictions or are involved in multiple PC 115 violations resulting in significant financial losses, you are less likely to be eligible for lenient sentencing options like probation or sentence suspension. Instead, you will face more severe penalties if found guilty.

You could also be subject to an aggravated white-collar crime enhancement. This enhancement applies if the following conditions are met:

  • You are convicted of two or more felonies related to fraud or embezzlement, and one of these felonies can be a violation of Penal Code 115 in the same criminal proceeding.
  • The felonies involve two or more separate victims or the same victim on two or more separate occasions.
  • The felonies are part of a pattern of criminal conduct.
  • Your actions allegedly resulted in the deprivation of more than $100,000 from the victim(s).

When these criteria are satisfied, the aggravated white-collar crime enhancement can result in the following outcomes:

  • An additional one to five years to your prison sentence.
  • A further fine of up to $500,000 or double the amount of the fraud, whichever is greater.

Impact of a Conviction on Gun Rights

A conviction for violating PC 115, which deals with false or forged documents, can impact an individual's Second Amendment rights. However, the effect on these rights can differ based on the nature of the PC 115 conviction and various other factors.

Federal law dictates that some convictions, particularly felonies, can lead to the loss of Second Amendment rights. PC 115 violation is a felony. Therefore, it triggers federal firearms disabilities. Those convicted of PC 115 felonies could be barred from buying, owning, or possessing firearms under federal regulations.

California’s Penal Code Section 29800 establishes a range of restrictions on firearm possession, ownership, purchase, and receipt applicable to several specific groups of individuals. These include individuals convicted on felony charges.

Immigration Consequences for Filing a False Document

A conviction for violating PC 115 can have significant immigration repercussions for non-U.S. citizens. These consequences are far-reaching and can include:

  • Deportation or removal proceedings — Convictions under PC 115 could trigger deportation or removal proceedings, potentially leading to expulsion from the United States.
  • Denial of immigration benefits — Non-citizens convicted of PC 115 offenses could face denials of immigration benefits, for example, visas or green cards.
  • Hurdles to future immigration status — PC 115 convictions can pose obstacles to obtaining future immigration status in the United States.

In immigration law, crimes involving moral turpitude, fraud, and deceit, characteristics of PC 115 violations, are considered serious offenses. Immigration authorities often regard these convictions as grounds for inadmissibility or removal.

For non-U.S. citizens confronting PC 115 charges, it's imperative to seek counsel from an experienced immigration attorney alongside a criminal defense attorney. An immigration attorney can evaluate the specific immigration implications associated with the charges and formulate a defense strategy that considers potential immigration consequences. He/she can guide you on the possible waivers or relief from removal in certain circumstances.

Can I Have My Conviction Expunged?

Convictions that carry the possibility of a prison term, especially felony convictions, are generally not eligible for expungement. Expungement is typically reserved for less grave offenses.

Crimes Related to Filing False Documents

  • Perjury - PC 118

Perjury, under California Penal Code Section 118, involves knowingly providing false information while under oath. This crime involves giving false testimony in court, making deceptive statements during a deposition, or providing untruthful information to a government agency. It is a grave offense as it undermines the credibility of the justice system and hinders the pursuit of truth in legal proceedings.

The prosecution must establish several vital elements to secure a conviction for perjury under PC 118:

  1. The defendant made a statement, declaration, oath, or affidavit while under oath.
  2. The assertion was, in fact, false.
  3. The defendant was aware of the statement's falsity when making it.
  4. The statement was willfully and deliberately fabricated.
  5. The information must have been "material," signifying its relevance.

The penalty of perjury laws come into play when individuals provide information in various situations, including:

  1. Participating in a deposition.
  2. Submitting a signed affidavit.
  3. Supplying a signed certificate.
  4. Testifying in court.
  5. Furnishing a signed declaration.
  6. Completing a DL 44 driver's license application at the Department of Motor Vehicles.

An oath can take multiple forms. These include an affirmation or any other legally authorized method through which an individual affirms the veracity of their statement.

Perjury is a felony. A conviction will result in the following penalties:

  1. A maximum fine of $10,000.
  2. A prison sentence of up to 4 years.

  • Forgery - PC 470

Forgery, as defined by Penal Code Section 470, is a grave criminal act involving fabricating or modifying a counterfeit document or instrument to deceive or defraud others. The legal system treats this offense with the utmost seriousness due to its potential to cause harm to individuals, businesses, or government entities.

Prosecutors must establish several critical elements:

  1. Creation, alteration, forgery, counterfeiting, or possession of a false document or instrument — This includes a wide range of items, for example, checks, deeds, contracts, banknotes, or any document used for financial or official purposes.
  2. Intent to defraud — It is imperative to demonstrate that the defendant harbored the deliberate intention to deceive or defraud another party by employing the forged document.

Forgery involves various methods centered on creating or altering false documents intending to deceive or defraud. Here are several common approaches:

  1. Signing someone else's name — This involves the unauthorized use of another person's signature on a document. For instance, signing a check or contract in their name without their permission.
  2. Forgery of official documents — The falsification of government-issued documents like passports, driver's licenses, or birth certificates, aiming to deceive authorities or institutions.
  3. Altering existing documents — The modification or tampering with an existing document to change its content, for example, altering the amount on a check or the terms of a contract.
  4. Counterfeiting — The production of counterfeit currency, bonds, or other financial instruments with the intent to deceive individuals or organizations.
  5. Creating fake documents — This entails fabricating entirely fictitious documents, including counterfeit money, fake identification documents like IDs, or forged academic certificates.
  6. Counterfeiting — The production of counterfeit currency, bonds, or other financial instruments with the intent to deceive individuals or organizations.
  7. Forgery of art or collectibles — Crafting copies or forgeries of valuable art, antiques, or collectibles to mislead collectors or buyers.
  8. Forgery of prescription medications — Forging prescriptions for medications, often for illicit purposes or financial gain.
  9. Forgery of business or financial documents — The falsification of business records, financial statements, or checks to perpetrate fraud or embezzlement.

Forgery is a wobbler offense. Prosecutors can pursue a conviction for misdemeanor or felony charges.

If convicted of a misdemeanor violation, the possible penalties include:

  1. Summary or misdemeanor probation.
  2. Up to one year in jail.
  3. A fine of up to $1,000 or both jail and a fine.

If convicted of a felony violation, the possible penalties include:

  1. Formal or felony probation.
  2. Up to three years in prison.
  3. A fine of up to $10,000 or both jail and a fine.

  • Elder Abuse - PC 368

Elder abuse, as outlined in PC 368, is a serious crime. The law aims at safeguarding elderly individuals aged 65 or older from various forms of mistreatment, neglect, or harm, including physical, emotional, and financial abuse.

You are only guilty under PC 368 if prosecutors establish several critical elements, namely:

  1. Victim's age — The victim must be 65 years or older.
  2. Criminal act — You must engage in wrongful conduct, for example, physically harming, neglecting, financially exploiting, or subjecting the elderly person to detrimental actions.
  3. Intent or negligence — Your actions must either be intentional or the result of criminal negligence, contingent on the unique circumstances.
  4. Consequences — The abusive conduct must result in physical or mental suffering, unjust hardship, or endangerment to the health and safety of the elderly individual.

Elder abuse incorporates various forms of harm inflicted on elderly individuals:

  1. Physical abuse — This involves unjustified infliction of pain or injury on a senior, causing physical harm.
  2. Neglect and endangerment — Neglect involves exposing seniors to situations that jeopardize their health and safety, potentially leading to physical or emotional harm.
  3. Emotional abuse — It can manifest as isolation or ridicule, causing emotional distress to the older person.
  4. Financial exploitation — Senior fraud occurs when someone illicitly acquires or misuses an elderly person's assets for personal gain.

Under financial abuse, prosecutors must establish:

  1. The defendant committed offenses like theft, fraud, or embezzlement.
  2. The victim was 65 or older.
  3. The defendant was either a caretaker for the elderly victim or knew the victim's advanced age.

Find a Criminal Defense Attorney Near Me

A conviction for filing false documents can result in significant consequences. Hence, it is crucial to treat these charges seriously and seek the guidance of an experienced Fresno attorney to navigate the legal process and mitigate potential repercussions.

If you require the assistance of a skilled attorney for cases related to filing false documents, talk to the California Criminal Lawyer Group. Contact our attorneys at 559-712-8377 and let us help safeguard your rights and develop a robust defense. Early intervention is critical in securing the best possible outcome.