Filing false documents happens when you knowingly record, file, or register a forged or false document in a government office within California. It is a severe crime that can result in financial losses or affect the credibility of public records and make effective decision-making impossible. Prosecutors in California treat this violation as a felony offense, punishable by three years in prison. A felony conviction will devastate different areas of your life, including your social and professional lives.
If someone files false accusations against you or you file a false document by accident, you can fight these charges during the trial for a favorable conclusion of your case. Our competent criminal defense lawyers at Desert Defense Lawyers can assist you in Palm Desert. We can also defend your rights and help you navigate the complicated legal processes successfully.
The Legal Meaning of Filing Fake Documents
Public offices serve all types of people with varying needs every day. Everyone comes with a piece of document for verification or processing. These documents provide information critical for public officers to make decisions or serve the people adequately. Sadly, some people knowingly provide forged or falsified documents, which interferes with effective service delivery by public officers. When you falsify or forge a document and present it as true in a government office, you make it difficult for public officers to adequately serve people in need.
The law against filing forged or falsified documents in California is under PC 115. People violate this law for various reasons. Some do it with fraudulent intent, to gain financially from something or someone they would otherwise not achieve. Other people do it maliciously to stop the rightful benefactors from benefitting from a government service. Sometimes, it interferes with decision-making. Thus, this is a grave violation, punishable by a prison sentence of three years.
However, facing charges for filing fake documents does not necessarily mean you are guilty. Someone can falsely accuse you or be arrested for mistaken facts. You can fight your charges with compelling evidence to avoid a life-changing conviction under PC 115. A skilled attorney can help you find the best techniques to compel the court to dismiss or reduce your charges.
Prosecutors are burdened to prove all elements of a case like this for a guilty verdict. They must demonstrate all the case elements for a court to give a guilty verdict. Your attorney can challenge one or more of these elements to compel the court to dismiss your charges. Here are the elements of filing falsified documents that constitute the legal meaning of this offense:
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You presented a document to a government officer for recording, filing, or registration.
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The document was forged or falsified and not original as required in government offices.
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You were aware or should have known the document was forged or false when you presented it.
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If the documents were not forged or falsified, you could have successfully and legally filed them.
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You had a fraudulent or malicious motive.
Let us expound more on these elements to understand this legal definition even better:
The Document
Government offices receive all kinds of documents. The documents must be legitimate to influence rightful decision-making in government offices.
You can be charged under this statute for filing any forged or falsified document in a California government office, including pay stubs, real estate documents, and fishing records. The type of forged document you present, or the purpose for which you file a false document will determine the severity of your crime.
For example, you can file falsified personal documents to receive a government benefit for which you do not qualify. Another person can file a forged real estate deed to obtain a property illegally. The judge will determine your exact penalties based on the severity of your crime.
Fake or Forged Documents
Falsifying or forging a document occurs when you alter an existing document or create one that looks or works like an original one. People do this mainly to gain financial gain and deceive the person handling or receiving the document.
Charges for filing a falsified document can occur even if you do not obtain the desired results. For example, if the government official receiving or handling the document finds out about the falsification or forgery before acting on it, you will still face charges. What matters is that you have presented a false document as true in a government office. Also, the reason for filing a fake document does not matter in this case.
The Knowledge
A conviction under PC 115 requires that the perpetrator know or should have reasonably known that the document they are presenting or filing is fake or forged. It calls for a deliberate act with a specific intent, like fraud or malice. You are guilty when you forge a document or alter an existing one and try to pass it as an original document in a government office for a specific reason.
This is a critical element in this case. Although no one admits to knowingly committing a crime, the prosecutor can determine this through your actions before or after presenting or filing a falsified document. For example, if you previously accessed real estate deeds, and there is evidence of a few deeds you tried to alter, you knew what you were doing. Also, if you tried to hide the document or retrieve it from a government officer after they confirmed it to be a fake or forged document, it is proof that you knew about it.
Remember that the prosecutor must prove all these elements beyond a reasonable doubt to obtain a guilty verdict in your case. If you did not knowingly file or present a false document or face false accusations, partnering with a skilled attorney is an excellent idea. You deserve the best defense to avoid the severe consequences of a felony conviction.
Penalties for Filing a Fake Document in California
Filing a falsified document is a felony offense under the California Penal Code. You will likely receive the following penalties if convicted of this offense:
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A maximum prison sentence of three years, or
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Felony probation
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A maximum of $10,000 in fines and other court assessment fees
The court can sentence you to probation instead of prison. Although you will serve your time at home and live your life, you must abide by some strict probation terms and conditions that the judge will set during sentencing. The judge will also put you under the supervision of a probation officer, who will monitor your progress and report periodically to the court. You cannot violate any probation conditions, as this can lead to a re-arrest and fresh criminal charges. The court can also cancel probation and send you to prison for the required period. Here are examples of terms and conditions you will likely receive if sentenced to probation:
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To meet regularly with the probation officer to report your progress and performance
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Not to engage in crime while on probation
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To participate in community work for a particular number of hours
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To pay all court fines and other charges, the court requires after sentencing
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To undergo treatment or rehabilitation for any underlying condition that could push you into crime, like drug addiction
You are ineligible for probation if your criminal record has a previous conviction for filing a fake document or similar offense, mainly if the preceding conviction resulted in monetary damage of $100,000 or more. In this case, the judge will determine the correct sentence to give after a conviction.
A conviction for filing a falsified document will also result in other consequences, including the following:
Sentencing Enhancement
You could be subject to sentencing enhancement after a conviction for filing a forged document. An enhanced sentence will result in a lengthier prison sentence and a heftier fine than what is provided for this offense under the law. For example, the court can enhance your penalties under the aggravated white-collar enhancement if these are true:
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The same proceeding has resulted in two or more felony convictions for fraud-related or embezzlement crimes, whereby one of those convictions is for filing a fake document
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The felony convictions show a series of fraudulent or criminal conduct
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You committed the felonies against the same or separate victims on the same or separate occasions
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Due to your actions, a person or people were deprived of at least $100,000
If you are eligible for sentencing enhancement under aggravated white-collar enhancement, the judge will do the following:
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Increase your prison sentence by between one and five years
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Increase your fine by up to $500,000 or twice the amount (depending on the financial loss the victims suffered or were likely to suffer)
Immigration Consequences
If you are an immigrant in California, a conviction for filing a fake document can significantly affect your immigration status. Generally, crimes that carry severe immigration consequences are crimes of moral turpitude. They can lead to deportation or cause you to be marked for inadmissibility to the U.S.
If you file a false document intending to commit fraud, your actions make this a deportable or inadmissible crime. You could be deported after serving your sentence or become inadmissible. This will disrupt the life you have built for yourself in the U.S. It will also impact your loved ones’ lives.
Ineligibility for Record Clearing
One of the privileges convicted offenders receive is expungement. It eliminates all the disabilities and adverse effects of a criminal conviction. It entails the removal of a conviction record from one’s criminal account. This means that anyone running a background check on you cannot find an expunged conviction. However, you must meet particular criteria to qualify for expungement.
Expungement is mainly available for misdemeanor or felony convictions that can be reduced to misdemeanors. Unfortunately, PC 115 is not one of those felonies. This means you do not qualify for expungement after a conviction for filing a fake document. It also means that your conviction record will remain in your account for years, affecting various areas in your life. It can affect how easily you find jobs, rent a suitable home, and access critical services like credit and insurance.
Loss of Gun Rights
If a gun is crucial for you for hunting, a gun collection hobby, or security, you will be affected by a felony conviction. This is because felons do not have the right to use, purchase, or possess a firearm in California. They are among other groups of people who cannot exercise their gun rights freely, including people with a mental illness and those addicted to narcotics.
If you own a firearm, you must surrender it immediately after your conviction. You cannot purchase or even borrow a gun in the future.
How To Fight Charges for Filing a Fake Document
Filing a fake document is a severely punished felony under California penal code. A conviction also has dire consequences that affect your professionalism and social life. However, there is no need to worry about these severe consequences if you have a competent defense lawyer. A skilled lawyer will study your case to advise you on your options and the best techniques to use in your defense. They will work with the prosecutor and the judge to ensure a favorable outcome. Here are examples of strategies your legal team can use to compel the court to reduce or dismiss your charges:
You Did Not Act Knowingly
Criminal charges for filing a falsified document occur when you knowingly submit or present a fake or forged document in a government office. You are not guilty if you lack this knowledge. Thus, you can use this strategy to fight your charges.
Using this defence technique, a skilled attorney will consider the facts of your case to determine the right approach to push for a favorable outcome. For example, if someone sent you a fake or forged document, and the document was in a sealed envelope, you would not have known that it was fake or forged. In this case, you are not guilty.
Another approach would be arguing that another person altered the original document without your knowledge. This is common in shared offices or homes where you live with other people. This strategy will work if your attorney convinces the court of your lack of knowledge.
You Did Not Commit the Crime
A violation under PC 115 happens when you file or present a forged or falsified document in a government office. The district attorney must prove this, alongside other elements of the case, to obtain a guilty verdict. If caught possessing fake or forged official documents, you are not guilty under this law until you file or present them in a government office.
Your attorney can argue that you did not intend to file the documents with any government office or to use them in any other way for fraudulent or malicious gain. If there is no evidence that you presented or attempted to present them in a government office, the court will dismiss your charges.
The Accusations are False
False accusations are widespread in California. The police, prosecutors, and judges have encountered cases of false accusations numerous times in their careers. Thus, you can defend yourself if the allegations of filing a fake or forged document in a government office are false.
People have different reasons for filing false accusations against others. Someone can accuse you because of a family disagreement, a need for revenge, a property dispute, or because they are jealous of you. A skilled lawyer will take time to understand your accuser’s reasons and establish your relationship to build a solid defense against your charges. They will interview your accuser and anyone else who could be involved in your case to determine the genesis and reason for the false accusations.
The Police Violated Your Rights
Police misconduct is a prevalent defense strategy for most criminal charges. It can work if the police violate our rights or fail to follow the required procedure when arresting or investigating the case. A skilled attorney will not allow a violation by the police to go unnoticed, significantly if it can influence your case’s outcome.
For example, suppose the police denied your right to an attorney, and you incriminate yourself during questioning. In that case, your defense team can bring up this defense to compel the court to throw your confession out of court. This will likely leave the prosecutor with insufficient evidence to obtain a guilty verdict.
Find a Competent Defense Lawyer Near Me
Filing a forged document is a severe offense in Palm Desert because of the hefty penalties you will likely receive after a conviction. A conviction also leaves you with a severe criminal background that can affect your life for a very long time. Fortunately, you can change your case’s outcome by hiring the best criminal lawyer for a timely and quality defense.
At Desert Defense Lawyers, we have extensive experience handling white-collar crimes. We also understand how vital proper defense is for you, especially if you want to avoid a prison sentence and protect your reputation. We can partner with you to devise a behest defense strategy that will lead to a reasonable outcome. Call us at 888-293-0396 to discuss this matter at length.
