The prosecution uses California Penal Code Section 115: Filing a False Document to charge individuals accused of filing a forged document.
Many people do not consider issues with paperwork to be a severe crime. However, California Penal Code Section 115 is a felony, and a conviction can have serious consequences.
Fortunately, you can get help understanding California’s penal code and PC 115 from our team at the Simmrin Law Group. Our team has decades of experience that we can use when explaining this charge and potentially building your defense.
What’s the Official Definition of Filing a False Document?
To convict a defendant under California PC Section 115: Filing a False Document, a California prosecutor must be able to prove that all of the following occurred:
- The defendant filed, registered, or recorded a document with a public office
- The filed document was forged or falsified in some other manner
- The defendant was aware of the falsification in the document
- The document was of a type that you could legally file if it were authentic
Individuals should only face charges for filing a false document if the document looks convincing. Therefore, the court should not convict individuals for trying to file a document that workers at a public office or government office would never accept in any case.
Many different documents can result in a PC 115 charge. Filing false document charges is often used in real estate fraud cases that involve forging property deeds and submitting them to the county recorder. However, individuals can also face charges for filing many other documents, including:
- Bail bonds
- Fishing records
- Deeds of trust
- Mechanics’ liens
Misfiling any of these common documents can lead to serious criminal charges. Sometimes, these cases involve immigration documents or tax returns. When you contact us for help, we can discuss the types of documents potentially involved in this charge in more detail.
A California criminal defense lawyer can help you handle these criminal charges while providing steadfast legal representation.
What Are the Penalties for Filing a False Document?
The court system in California can hand down incredibly harsh penalties for each filing a false document conviction. California Penal Code Section 115: Filing a False Document is considered a felony offense in California.
Convictions for each separate violation can lead to severe penalties like:
- Fines of up to $10,000
- Prison time of up to three years
- Felony probation
Individuals can face penalties for each false document that they file. An individual who files three false documents simultaneously could spend three years in prison for each document, for a total of nine years of prison time.
A criminal defense attorney from our law firm can help you stand up to these felony charges.
Are There Increased Penalties for Filing False Documents?
The court system may use a few sentencing enhancements for filing fake documents. You may face increased prison time if filing a false document deprives a property owner of:
- $65,000 – $100,000: One to four years of additional prison time
- More than $100,000: Once to five years of additional prison time
Additionally, the defendant may face an aggravated white-collar crime enhancement if the court finds their actions particularly egregious.
You can learn more about white-collar crime sentencing enhancements and the maximum penalties for this offense when you contact our team for help.
Will a Penal Code 115 Conviction Affect Your Gun Rights?
Because California PC Section 115 is a felony charge, a conviction would strip away your gun rights. Those convicted of a felony are barred from purchasing a gun, owning a firearm, or possessing a weapon.
We can start planning defense strategies to help you avoid a prison sentence and protect your rights in Orange County.
Does a PC 115 Conviction Impact Immigration?
A PC 115 conviction can have immigration consequences in some situations. California considers PC 115 a crime involving moral turpitude if the accused acted with the intent to defraud. Crimes of moral turpitude can prevent you from immigrating to the country.
Therefore, if you plan to immigrate, you should get fast legal representation.
How Do You Defend Against Filing a False Document Charges?
Building a defense for a PC 115 charge can require your Los Angeles criminal defense lawyer to dig into the facts surrounding your situation while formulating a legal defense and establishing reasonable doubt.
Depending on your circumstances, a professional lawyer may focus on a few common defenses. We can develop a legal strategy that meets your needs. For example, our team may show that:
You Filed a False Document by Accident
Often, businesses create many drafts of a legal document before printing the final product. Grabbing an early (“false”) draft and filing it can be easy. You should not be convicted under PC 115 if you intended to file the correct document and merely made a mistake instead of engaging in criminal conduct.
You Were Tricked by a Forgery
Sometimes, individuals in California receive forged papers that they believe to be official documents. If you filed a document that you thought was valid, you should not face a conviction for filing a false document.
You Did Not File the Document With a Public Office
We may show you did not file the document with a public office. Instead, you may have filed it with a private company.
While this defense could help you avoid prosecution under Penal Code 115, you may still be open to other legal charges because California Penal Code Section 470: Forgery is still a crime beyond this statute.
An experienced defense attorney can discuss other potential criminal offenses when you contact us for help.
You Were Falsely Accused
Unfortunately, for whatever reason, people are falsely accused of crimes all the time. Sometimes, it is a case of mistaken identity. However, a dispute between the accuser and the accused often causes the issue in cases like this.
Your criminal defense lawyer may be able to prove that the accusation against you is unfounded through legal defense strategies.
The severity of a PC 115 charge means you should get help from a professional criminal defense lawyer immediately to handle every step of the criminal proceedings. We have a track record of success and are here to provide legal representation.
How Do Lawyers Handle Filing False Document Accusations?
Our team gets to work immediately for clients accused of filing a false document. A qualified defense attorney may help you avoid a prison sentence by getting your charges dismissed or reduced. The court may drop charges if we show the prosecution has only circumstantial evidence.
We may also push to have your charges reduced through a plea bargain in Orange County. The prosecution team may offer a plea deal if you admit guilt to a less severe charge.
Taking a plea deal could allow you to avoid the penalties for a felony crime, including hefty fines. We can help with plea bargain negotiations.
Can We Expunge a Penal Code Section 115 Conviction?
Under California law, a person convicted of a crime punishable by a prison term can not get their conviction expunged. Because of this, if you face a conviction under PC 115, you will carry that conviction on your criminal record forever.
Allow us to protect your future by helping you stand up to a white-collar fraud crime charge. We’re ready to offer our complete legal services.
Getting Help With Filing a False Document Charges
Individuals in California must file legal documents in public offices for various reasons. To avoid criminal charges, all documents filed must be legitimate and genuine. Filing any forged document can lead to charges under PC 115.
Individuals accused of violating California Penal Code Section 115: Filing a False Document often face complex legal challenges. You can get help defending yourself by contacting the professional legal team at the Simmrin Law Group today.
We can offer you a free, no-obligation case evaluation to help you better understand your legal standing. Get the professional help you need by completing our online contact form or giving us a call.