Filing false or forged documents is a serious crime punishable under California Penal Code 115. You can face significant penalties upon conviction, such as fines, imprisonment, deportation, or losing your gun rights. These are reasons to seek immediate legal counsel if you have been accused of this crime in Santa Ana.

At California Criminal Lawyer Group, we have extensive experience handling white-collar offenses, including filing false documents. We will work closely with you to understand the charges against you and develop a strong defense strategy. We will also fight to protect your rights and interests throughout the legal process.

We understand that being accused of a crime in can be a stressful and overwhelming experience. We are here to help you through this challenging time and ensure you receive quality legal representation. Call us today to schedule an appointment and discuss your case.

When Is Filing A False Document A Crime Under California Law?

California Penal Code 115 PC is the law that punishes filing false documents. You are guilty of filing a false document when the district attorney (DA) proves certain elements before the court. These elements are:

  • You submitted a document for recording, registration, or filing with a public office.
  • You must have known the document was false or forged when you presented it or caused it to be presented.
  • The document could have been legally filed if it was authentic.

Penal Code 115 applies to various documents related to real estate property, including title deeds, liens, encumbrances, leases, mortgages, and other instruments affecting real property rights. It also encompasses fraudulent acts committed during real estate transactions, such as mortgage and real estate fraud.

So if you file false documents in a real estate property deal, you could face charges for a PC 115 violation along with the following crimes:

  • Mortgage fraud - A crime that involves providing false information or engaging in deceptive practices to secure a mortgage loan. For example, misrepresenting income, assets, or employment history, fabricating documents, or inflating property values.
  • Real estate fraud - The offense encompasses various fraudulent activities, such as forging signatures on property documents, misrepresenting property values, or using fraudulent schemes to obtain property.

Sentencing, punishment, and Penalties for Filing False Documents

Filing false documents is considered a felony in California, and it carries severe consequences upon conviction, such as:

  • Serving a maximum of three years in jail or prison.
  • A fine not exceeding $10,000.
  • Probation in lieu of imprisonment. Note that you cannot be eligible for probation if: 
    • You have prior felony convictions on your record.
    • The offense for which you are convicted is classified as a serious or violent felony under California law and caused over $100,000 in losses.

In addition to the base penalties, certain factors can trigger sentencing enhancements, such as the "aggravated white-collar crime enhancement." Factors that may contribute to your facing a sentence enhancement include:

  • Multiple individuals or entities were adversely affected by the false documents.
  • Filing false documents resulted in a loss of over $100,000 to another party.
  • Filing false documents involved a complex and intricate scheme, demonstrating a high degree of planning and deception.
  • You face over two felonies involving embezzlement/ fraud. One of these should be filing false or forged documents.

The aggravated white-collar crime enhancement can result in:

  • An increased prison sentence of between one and five years. 
  • Higher fines not exceeding $500,000 or double the fraud proceedings. 
  • Long-term consequences, affecting employment opportunities, professional licenses, and your reputation.

Immigration Consequences Upon Conviction

A conviction for filing false documents can have adverse immigration consequences for non-citizens. These consequences can include deportation, inadmissibility for reentry into the United States, or denial of immigration benefits.

Filing false documents can be classified as a crime involving moral turpitude (CIMT). If you are an immigrant who commits a CIMT, you could face deportation or removal proceedings. You could be deemed inadmissible for reentry into the US, barring you from returning after departure.

Also, a CIMT commission as an immigrant could result in you facing denial of various immigration benefits, such as visa applications, green cards, naturalization, or other immigration-related benefits.

Having Your PC 115 Conviction Expunged

Expungement refers to having a criminal conviction set aside and dismissed in the eyes of the law. It allows you to move forward with a clean record, free from the stigma of a past conviction. However, PC 115 convictions do not fall under the category of offenses that can be expunged.

In California, expungement applies to specific misdemeanors and low-level felony offenses. But due to the serious nature of the filing of false documents crime and its potential impact on public trust and welfare, PC 115 convictions do not qualify for expungement.

While expungement may not be an option for PC 115 convictions, consider consulting with a skilled criminal defense attorney who can explore other avenues for post-conviction relief or alternative remedies that may be available based on your specific circumstances.

How a PC 115 Conviction Affects Your Gun Rights

Felony convictions can lead to losing your gun rights. Upon conviction, the law requires you to relinquish several gun-related rights for a certain period or permanently. A PC 115 conviction will generally result in losing your gun rights. You face restrictions on owning, possessing, or purchasing firearms, ammunition, and other related items.

Legal Defenses to Penal Code 115 Violations

Your defense lawyer could employ several legal strategies to challenge your filing of false document charges. Common legal defenses include:

No Knowledge

Lack of knowledge is a valid defense against filing false document charges. You cannot be convicted if you did not know the document was false or forged when registering it with a public office.

You fight your charges using this defense strategy by having your attorney present evidence demonstrating your lack of awareness of the document's falsity. You could demonstrate that you relied on the expertise or representations of others when filing the document.

For example, if you worked with a professional or trusted individual who provided you with the document and had no reason to doubt their credibility, it supports the argument that you lacked knowledge of its falsity.

Your defense attorney may present evidence showing that you genuinely believed the document to be true and had no reason to suspect its falsity. This can include corroborating witnesses, expert testimony, or documentation indicating that you relied on information provided by others in good faith.

No Public Office

According to the PC 115 crime elements, charges only apply if you present a false document for filing with a California public office. You may have a viable defense if you did not submit the document to a public office. Your defense attorney will investigate the circumstances and gather evidence to establish that the document was not intended for filing with a public office.

Your attorney could establish the absence of a public office in your defense. They can examine the nature of the entity you filed the document with and investigate whether it qualifies as a public office under California law. If the entity is not a public office or does not meet the legal criteria, your attorney can argue that the charges should be dismissed because the specific offense under Penal Code 115 does not apply.

Your defense attorney can contest the classification even if the entity is considered a public office. They may argue that the entity in question does not meet the legal definition of a public office or that it operates primarily in a private capacity, thereby challenging the applicability of the offense.

Falsely Accused

Plaintiffs raising false accusations can have various motivations, some of which include financial gain, personal vendettas, or attempts to deflect attention from their wrongdoing. You need a lawyer to know the potential underlying reasons for false accusations to effectively fight charges using this defense strategy.

In your defense, your lawyer could gather evidence to establish your innocence. They may seek to prove that you had no involvement in the alleged filing of false documents and present corroborating evidence, such as alibi witnesses or documentation supporting your whereabouts during the relevant period.

Your defense attorney can also thoroughly investigate the motives and credibility of the accuser. They may explore the possibility of ulterior motives or biases that could have influenced the accuser to make false allegations against you. This can involve scrutinizing the accuser's background, financial interests, or personal relationships to uncover potential reasons for fabricating the accusations.

What to Do If You are Under Investigation for Filing False Documents

If you find yourself under investigation for filing false documents, you should understand the gravity of the situation. This helps you to take appropriate steps to protect your rights and navigate the legal process. Filing false documents is a serious offense that can have significant consequences for businesses, consumers, and the government. Prosecutors treat this crime with the same seriousness as violent criminal behavior, underscoring the need for proactive measures to defend yourself.

How to Know You Are Under Police Investigation

You want to be keen on the signs that indicate you may be under investigation by law enforcement. These signs can help you gauge the urgency of the situation and take timely action to protect your interests. Common signs could include:

  • Contact from Law Enforcement. If law enforcement officers knock on your door, call you, or reach out to your friends, relatives, spouses, or colleagues, it could be a sign that you are under investigation. Law enforcement agencies often initiate contact to gather information and build their case. 
  • Suspicious Social Networking Activities: Pay attention to your online presence. If you receive connection requests or friend requests from strangers on social networking platforms, it could be an attempt by law enforcement to gather information or monitor your activities. 
  • Unusual Surveillance: Watch for police or unmarked vehicles near your business, office, or home. If you notice someone following you, it could imply that law enforcement is monitoring your movements.

Pre-Charge Investigations Process

Contrary to popular belief, law enforcement officials do not always make arrests on the spot when a crime is committed. Instead, they typically conduct pre-charge investigations to gather evidence and identify suspects before presenting their case to the district attorney (DA). In cases involving crimes that cross state lines, the Federal Bureau of Investigation (FBI) may handle the investigation.

During the pre-charge investigation process, law enforcement officers diligently review the evidence, interview witnesses, and follow leads to establish the suspect's identity. This phase is crucial, as it forms the basis of the case presented to the prosecutor. You may be a person of interest during this investigation, but that does not necessarily mean you will face criminal charges.

Police Interviews and Interrogations

As part of their investigative process, police may conduct interviews and interrogations to gather additional information and potentially obtain a confession. Detectives are often assigned to these interviews and are trained in questioning techniques to elicit information from suspects.

If law enforcement contacts you for an interview, it is advisable not to answer their questions or provide any statements without the presence of an attorney. Anything you say can be used against you in the legal proceedings. Even if the detectives appear friendly or claim to want to assist you, it is best to remain silent until you have legal guidance.

Police officers may visit your workplace or residence to gather details about the suspect or the crime scene. Regardless of the reason for their visit, it is vital to have legal representation present. Your attorney can protect your rights, ensure that you do not inadvertently incriminate yourself, and guide you through the complexities of the investigative process.

If law enforcement believes they have gathered sufficient evidence to establish your involvement in the crime, they may seek an arrest warrant from a judge. This emphasizes the need to take proactive steps to protect your rights and seek legal counsel when you suspect you are under investigation.

Steps to Take During the Investigation Process

During an investigation process for allegations of filing false documents, you take certain steps to protect your rights and ensure the best possible outcome.

Retain a Defense Lawyer

A skilled and experienced attorney can be your advocate and guide you through the complexities of the legal system. They will help you comprehend the investigation process and keep you informed about the actions being taken by government officials. If law enforcement officials have contacted you, you must promptly inform your attorney.

Your lawyer can contact the officials working on your case to gain insight into the ongoing investigation. When you allow your attorney to communicate with law enforcement on your behalf, you avoid potential pitfalls and ensure that your rights are protected. Anything you say about the legal matter can be used against you.

Do Not Answer the Law Enforcer's Questions

If law enforcement officers attempt to question you, you are advised to exercise your rights and politely decline to answer their inquiries. Regardless of their approach, it is in your best interest not to provide any statements without the presence and guidance of your defense attorney.

If law enforcement contacts you and requests that you go to the police station for questioning, respectfully inform them that you will consult your lawyer first. Take note of the officer's name, email, and phone number for future reference.

Similarly, if law enforcement officers arrive at your workplace or home, do not allow them entry unless they possess a valid search warrant signed by a judge. Politely inform them that you cannot answer any questions related to the case without the presence of your attorney.

What You Should Know about a Preliminary Hearing If Charged with PC 115

A preliminary hearing is conducted before a magistrate or judge to determine whether sufficient evidence exists to proceed with a trial regarding your criminal charges. It allows the prosecution to present their evidence and witnesses while your defense attorney has the chance to cross-examine them.

The judge typically schedules the preliminary hearing once you have entered a plea of "not guilty" during the arraignment. Unless there are valid reasons for a delay or you decide to waive your right to the hearing, it should occur within ten days of your plea or arraignment.

During the preliminary hearing, the judge considers two crucial aspects:

  1. They assess whether there is probable cause that a person committed the offense in question.
  2. They evaluate whether there is sufficient probable cause to suggest your involvement in the alleged crime. These evaluations are vital in determining whether the case should proceed to trial.

A preliminary hearing provides important procedural rights that enable you to challenge and potentially dismiss baseless charges. Under PC 866a, you have the right to present testimony and evidence to establish a defense, contradict a fact of the alleged crime, or question the credibility of a witness presented by the prosecution.

Related Crimes to Filing False Documents

Filing a false or forged document can be associated with several other crimes. These include:

Elder Abuse, Penal Code 368

Penal Code 368 defines elder abuse as the mistreatment or neglect of an elder or dependent adult. Elder abuse can take various forms, including physical abuse, neglect, financial exploitation, emotional abuse, or abandonment, inflicted upon an individual 65 years of age or older or a dependent adult aged 18 to 64. Perpetrators can be family members, caretakers, or individuals in positions of trust.

Prosecutors must establish specific elements to prove elder abuse, such as willful or negligent conduct that causes unjustifiable pain, mental suffering, or injury to the senior or dependent adult. This can include physical harm, deprivation of necessary care, financial exploitation, or emotional abuse.

The penalties for elder abuse vary based on the severity of the offense and the defendant's criminal history. The crime can be charged as a misdemeanor or a felony. Misdemeanor convictions could attract up to one year in county jail, while felony convictions could result in imprisonment for two to four years, or in certain cases, even longer.

Additional consequences may include fines, protective orders, restitution, mandatory counseling or treatment programs, and a criminal record that can impact employment prospects and personal relationships. Common defenses against elder abuse charges include lack of intent, mistaken identity, false accusations, insufficient evidence, or demonstrating that the alleged actions did not amount to abuse as defined by the law.

Forgery, Penal Code 470

Forgery, as outlined in Penal Code 470, involves the intentional act of creating, altering, or using a false or fraudulent document to deceive or defraud another person or entity. The forged document could be a check, contract, deed, will, or any other written instrument.

To establish a forgery charge, certain elements must be proven. These include knowingly altering, creating, or using a false or fraudulent document with the specific intent to defraud another person or entity. Forgery involves deceitful actions that can harm individuals, businesses, or the government.

Forgery is typically charged as a felony offense in California. Convictions for forgery can result in imprisonment for up to three years in state prison and substantial fines. Additionally, forgery convictions can have long-lasting consequences, including a permanent criminal record, damage to personal and professional reputations, difficulties obtaining employment, and limitations on certain civil rights.

Several defenses can be utilized against forgery charges, depending on the circumstances of the case. Common defenses include lack of intent to defraud, mistaken identity, absence of knowledge about the forged nature of the document, coercion or duress, and insufficient evidence to prove the elements of the crime.

Perjury, Penal Code 118

Perjury occurs when someone knowingly makes a false statement under oath or in a signed written declaration. This false statement must be material to the case or proceeding at hand, and the individual must have the specific intent to deceive or mislead.

Elements of this offense include making a willful statement under oath, either verbally or in writing, that is false and material to the matter. The statement must be made knowing its falsity, and the individual must intend to deceive or mislead.

Perjury is considered a felony offense in California. Convictions for perjury can result in imprisonment for up to four years. Moreover, perjury convictions can have far-reaching implications beyond the immediate legal consequences. It can damage an individual's credibility, professional reputation, and personal relationships, limiting future opportunities in various fields.

Common defenses include lack of intent to deceive, honest mistakes, insufficient evidence to prove the false statement was material, and challenges to the accuracy or reliability of the evidence presented.

Find a Criminal Lawyer Near Me

If you are being investigated or charged with filing false documents, you should hire a competent criminal lawyer. An experienced lawyer knows the law and can fight for your rights in court. At the California Criminal Lawyer Group, we have a good track record of representing clients facing PC 115 violations and other white-collar crime charges in Santa Ana. We will work hard to achieve the best possible outcome for your case. Call us today at 714-844-4151 for a free consultation.