California Penal Code 134 PC establishes that you commit a crime if you prepare false evidence with the intent to fraudulently use it in a legal proceeding. This crime is a serious offense in California and can result in a sentence of up to three years in prison.
This act obstructs justice and is therefore severely punished. California laws are designed to maintain peace and punish those who commit crimes, whether minor or major.
When facing charges related to fabricating false evidence in California, it's crucial to have the advice of a skilled defense attorney. A defense attorney from the Vivian N. Szawarc Law Offices will help you prove your innocence or seek a lesser sentence that won't affect your criminal record.
The crime of preparing false evidence refers to the creation or presentation of false evidence in a legal proceeding, such as criminal or civil trials. To be found guilty of this crime, certain elements must be met:
- You prepared or manufactured something counterfeit.
- You did this with the intention of presenting it as evidence in a legal proceeding in California.
- You intended to deceive or defraud.
Possible legal defenses include:
- Lack of intent to produce or deceive.
- Entrapment.
- Prove that the forgery was accidental or a mistake.
Penalties for this crime can include up to three years in prison, and it may affect your criminal record and immigration status.
Examples of cases under Article 134 of the Penal Code include:
- Creating a false receipt and presenting it as evidence in a personal injury claim trial.
- Creating a false or inaccurate image of an intersection and providing it to a police officer investigating a hit-and-run accident.
- Forging a will and filing it with the probate court.
Possible defenses against allegations of violating Article 134 include:
- No intent to produce: Arguing that there was no intention to deliberately produce false evidence to obtain a benefit.
- No intent to deceive: Show that the forgery was accidental or a mistake, and was not done with the intent to deceive anyone.
- Entrapment: Claiming that you were induced or trapped into committing the crime by a third party, which is illegal in California.
Penalties for convictions under Section 134 may include probation or, in more serious cases, up to three years in state prison.