California Penal Code 115 PC
PC 115 – Filing A False Document; Forgery
Filing A False Document; Forgery – Table of Contents
Filing a False Document Forgery under California Penal Code 115 PC makes it a felony to file any forged or false document; forgery with a public office.
The law states:
(a) Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony.
Furthermore, it is important to note:
(b) Each instrument which is procured or offered to be filed, registered, or recorded in violation of subdivision (a) shall constitute a separate violation of this section.
The crime of ‘Filing A False Document; Forgery’ is considered a white collar crime, and is most often associated with filing of false document; forgery property deeds in connection with real estate fraud. However, as the law states it can apply to any filed, registered, or recorded document in any public office.
Some common examples of a ‘filing a false document; forgery or forged instrument’:
- Real Estate Property Deeds
- Lien for money
- Bail Bonds
- Fishing Records
- Tax returns and income statements
- Personal checks
- Bank account records
- Immigration documents (such as visas, passports, etc.)
- Identification cards and birth certificates
- Documents at the courthouse
In order to bring charges; successfully convict someone of committing the crime of filing a false document, the prosecutor must prove to the judge all of the following:
- The defendant knowingly procured or offered a false document; forgery or forged instrument
- The false or forged instrument was to be filed, registered, or recorded in a public office in California or the United States
- The instrument, if genuine, was one which was proper to file, register, or record
- The defendant knew that the instrument was false document; forgery or forged
In essence, it MUST be proven beyond a doubt that the accused person knowingly altered or misrepresented factual information such as prices, monetary amounts, ownership, description of events, etc with the intent to defraud another. If this intent cannot be proven, then a conviction should not take place.
A violation of filing a false document; Forgery PC 115 is a felony, therefore the stakes are high.
- Felony (formal) probation;
- 16 months, 2 years, or 3 years in California state prison; and/or
- A fine of up to ten thousand dollars ($10,000)
Most people have a false perception that white-collar crimes like filing a false document; forgery are less serious than violent crimes or drug offenses, when in fact, in the eyes of the law they are treated as serious felonies. Do not make the mistake of taking these charges lightly, protect your freedom and rights.
As with most white-collar crimes these cases can be very paper-intensive, and the devil either is or isn’t in the details.
Was it Intent?
The primary aspects of filing false documents; forgery PC 115 is that the defendant acted willfully in committing an act of fraud, and that you did or did not intend to defraud anyone with your actions. Another important detail to note is that the document filed must actually have the power to defraud.
We cannot stress enough consulting a licensed Los Angeles Criminal Defense Lawyer to discuss the details of your case. We invite you to call us to speak directly to our expert forgery defense lawyer immediately.
Call Us for a FREE Case Review: 310-274-6529
How to Win Your Case
We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:
- Don’t ever talk to the police
- Do not discuss your case with anyone
- Everything you tell your lawyer is confidential
- Tell police you need to contact your attorney
- Never consent to any search by the police
- If the police knock on your door, don't answer!
- Realize the consequences of a criminal conviction
- Your lawyer (not you) will contact any witnesses
- Information on your cell phone is evidence
- Early Intervention is the key