Filing a false document is covered under California Penal Code Section 115. This law criminalizes the knowing submission of a forged or false document to a government office in the state of California. This type of white-collar fraud typically involves the submission of a false or forged real estate deed.
However, it's essential to note that this law encompasses a broad range of documents, including identification cards, birth certificates, bank account records, bail bonds, tax returns, passports, immigration documents, court documents, and even fishing records.
A “document” can include just about anything that can be filed in a public office, such as bail bonds, tax returns, and immigration documents, among others. There are many common situations where someone may be charged with violating Penal Code Section 115.
One example is a situation where someone forges a property transfer deed stating they bought the home from a relative. They file the deed with the recorder's office and then decide to obtain a large loan using the home as collateral.
In this example, the individual could be charged not only with filing a false document under Penal Code 115 but also with mortgage fraud.
PC 115 is a felony offense that carries harsh legal penalties if you are convicted. It's important to note that in order to be convicted of filing a false document, the prosecution has to be able to prove you knew the document was false or forged when it was filed. If you've been accused of filing a false or forged document, it's imperative to act swiftly.
What Does the Law Say?
California Penal Code 115 PC describes the crime of filing a false document as "Anyone who knowingly procures or offers a false or forged instrument to be filed, registered, or recorded in a California public office, if a genuine instrument under California law or of the United States, is guilty of a felony crime"
In the legal definition above, “offers” means presenting or causing a document to be filed at a government agency. Still, it does not have to be actually filed in order to be convicted of violating Penal Code Section 115. As discussed above, PC 115 encompasses a broad range of documents that can be filed at a California government office.
The most common cases involve mortgage loan fraud, often related to real estate documents such as title deeds or deeds of trust. Other common documents include identification cards, birth certificates, bank account records, bail bonds, tax returns, passports, immigration documents, court documents, and even fishing records.
Elements of the Crime
In order for the prosecutor to obtain a conviction for filing a false document, they must be able to prove, beyond a reasonable doubt, all the “elements of the crime." These include the following:
- You offered a false or forged document for filing or registration, or
- You caused a false or forged document to be filed or registered,
- The false document was filed in a California public office or the United States.
- You knew the document was false or forged.
As discussed above, even in situations where the false or forged document does not actually get filed, you can still be convicted of violating California Penal Code Section 115. The key element of the crime above that must be proven is that you knowingly altered or misrepresented information with the intent to defraud.
What are the Legal Penalties?
Filing a false document under Penal Code Section 115 is a felony offense. If convicted, you could face the following legal penalties:
- 16 months, 2 or 3 years in a California state prison,
- A fine up to $10,000,
- Formal felony probation.
It should be noted that you can be charged under PC 115 with separate felony counts of filing a false or forged document for each document you file or cause to be filed. You will not be eligible for probation if you have a prior conviction, or the victim of your crime sustained a loss of over $100,000.
Sentence Enhancements
A conviction for filing a false document may result in a sentence enhancement. For example, if the false document impacted the mortgage on a family residence, you could face an additional fine of up to $75,000.
Another sentence enhancement includes a PC 115 conviction that resulted in a loss of over $65,000, and the prosecutor can prove that you had the specific intent to cause the loss. This sentence enhancement could lead to an additional 1 to 4 years in a California state prison. If the loss exceeds $ 100,000, the penalties become even more severe, potentially leading to an additional 1 to 4 years in a California state prison.
Finally, there is an aggravated white collar crime sentencing enhancement in California. This enhancement would apply in situations when:
- The felony crimes show a pattern of criminal conduct;
- The felony crimes were committed against two or more separate victims;
- You are convicted of 2 or more felony crimes of fraud or embezzlement;
- Your unlawful conduct deprived the victim of over $100,000.
This aggravated sentence enhancement could result in an additional 1 to 5 years in a California state prison, as well as an additional fine of up to $500,000, or twice the amount of fraud, whichever is greater.
Like all fraud-related crimes, filing false documents with the specific intent to defraud is considered a crime of moral turpitude. This means that a conviction under Penal Code Section 115 can have serious consequences, particularly for undocumented immigrants, who will most likely face deportation.
What are Related Offenses?
- California Penal Code Section 118 – Perjury,
- California Penal Code Section 368 – Senior Fraud,
- California Penal Code Section 470 - Forgery,
- California Penal Code Section 487 – Grand Theft.
What are the Legal Defenses?
Our experienced California criminal defense lawyers can employ a wide range of legal defense strategies to counter charges of filing a false or forged document. We have a track record of success dealing with all types of fraud-related crimes.
Clearly, every fraud case is unique and will first require a close review of the facts and evidence in your case to determine the best options. However, some of the most common legal defenses for a violation of California Penal Code Section 115 include:
- Lack of intent: As we discussed above, the most important element of the crime that must be proven is that you acted willfully with intent to defraud. Our lawyers may be able to demonstrate that there was no intent to defraud anyone with your actions. Perhaps it was an accidental or honest mistake, commonly referred to as a “mistake of fact” defense.
- Accident: In some situations, numerous draft documents are prepared before a formal official filing in a California public office. We may be able to argue that you accidentally picked up and filed a false draft copy rather than the intended official document. In other words, it was not intentional. This is commonly known as an “accident” defense.
- Consent: In certain situations, when defending a fraud case, it often involves an allegation that a defendant deceived a homeowner into signing or forging a property deed; however, this doesn't always mean there was unlawful conduct. Perhaps the homeowner gave consent for signing and filing the deed, but later changed their mind or forgot to withdraw their consent. If we can cast doubt on the consent issue, you may have a chance to avoid a conviction or at least face a lesser offense.
If you have been accused of filing a false document, call our criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, CA.
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