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California Penal Code Section 132 PC & California Penal Code Section 134 PC: Offering Or Preparing False Evidence

Offering or preparing false evidence can get you into a lot of trouble in California. Penal Code Sections 132 and 134 make it a felony to offer or prepare false evidence with the intent to use it in a legal proceeding. These laws are designed to protect the integrity of the justice system by deterring people from presenting fraudulent evidence in court. But what exactly do they prohibit, and what are the penalties if you violate them? Let’s break it down.

What is California Penal Code Section 132 PC?

Penal Code Section 132 PC makes it illegal to offer false or forged written evidence in any legal proceeding[1]. To be convicted under this law, the prosecution must prove the following elements:

You offered or presented false or forged written evidence;
You knew the evidence was false or forged when you offered it;
You offered the evidence in a legal proceeding like a trial, hearing, deposition, inquiry or investigation.

The key thing to understand about PC 132 is that it only applies to written evidence like documents, records, books, papers, and receipts[2]. Some examples of violations include:

Creating a fake receipt to support your defense in a fraud case.
Forging someone’s signature on a contract that you submit as evidence in a civil lawsuit.
Presenting a fabricated lab report during an investigation into environmental violations.

Oral statements don’t count under this law. Lying on the witness stand is perjury, while lying to investigators falls under different statutes[1].

What is California Penal Code Section 134 PC?

Penal Code 134 PC is similar to Section 132, but covers a broader range of false evidence[3]. This law makes it illegal to prepare or manufacture any kind of deceptive evidence with the intent to present it in a legal proceeding. Under PC 134, the prosecution must prove:

You prepared, manufactured or altered evidence;
You knew the evidence was false or deceptive;
You intended to produce the false evidence in a legal proceeding to mislead the judge, jury or investigators.

Unlike Section 132, PC 134 applies to any kind of fabricated evidence, not just written documents. This includes things like[2]:

Manufacturing fake photographs or video footage
Staging a fake crime scene
Altering digital files to hide evidence
Creating false online accounts or communications

So Section 134 covers a much broader range of fraudulent evidence than just forged writings. It prohibits preparing or altering any kind of physical or digital material with the intent to deceive legal authorities.

Differences Between PC 132 and PC 134

While these two laws overlap in some areas, there are a few key differences between them[4]:

Type of evidence – Section 132 only applies to written documents, while Section 134 covers any physical or digital material.
When the act occurs – Section 132 prohibits actually presenting false evidence in court. But Section 134 makes it illegal to just prepare false evidence with intent to use it, even if you don’t actually present it yet.
Deceptive intent – PC 132 requires an intent to deceive the court or investigators. PC 134 has a lower standard of “fraudulent or deceitful purpose.”

So in summary, PC 134 prohibits a wider range of conduct and false evidence, but PC 132 has a higher bar for deceptive intent. Many actions can potentially violate both statutes if you fabricate written documents and present them in legal proceedings.

Penalties for Violating PC 132 or PC 134

A violation of either Section 132 or 134 is a felony in California[1][3]. Potential penalties include:

16 months, 2 years or 3 years in county jail
Up to $10,000 in fines
Formal felony conviction on your record
Loss of certain civil rights like voting and gun ownership

If you have a prior felony, you may face enhanced penalties of 2, 3, or 5 years in state prison under California’s felony enhancement laws[2]. The court can also impose probation or restitution instead of jail time.

Legal Defenses to PC 132 and PC 134 Charges

If you’ve been accused of fabricating evidence under these statutes, don’t panic. A skilled criminal defense lawyer can often get the charges reduced or dismissed by challenging the prosecution’s case. Here are some common defenses:

You didn’t actually present or prepare any false evidence
The evidence was not materially false or forged
You did not know the evidence was fraudulent
You lacked any intent to deceive the court or investigators
Your actions were protected by the First Amendment

An attorney may also argue that you were unlawfully targeted or entrapped by police into committing the offense. Or they could motion to suppress evidence in your case if it was obtained illegally[4].

Related Offenses

California law contains several other laws prohibiting false evidence and obstruction of justice[5]:

Perjury – PC 118 makes it illegal to give false testimony under oath in an official proceeding.
Destroying evidence – PC 135 prohibits destroying or concealing any evidence about to be produced in a legal proceeding.
Forgery – PC 470 makes it illegal to falsify or alter documents like checks, contracts, and court records.

Violating these laws can result in additional criminal charges. It’s critical to have an experienced attorney to develop a strong defense strategy addressing all charges.

Get Expert Help Fighting False Evidence Charges

Being charged with fabricating evidence to mislead legal authorities is extremely serious. These allegations can devastate your reputation and future if you are convicted. The best way to protect yourself is to retain a knowledgeable criminal defense lawyer right away. They can carefully examine the evidence, identify weaknesses in the prosecution’s case, and build an aggressive defense to achieve the most favorable outcome possible.

Don’t leave your fate to chance. Reach out to a skilled local attorney for a free case evaluation and legal advice. With an experienced lawyer on your side, you can avoid harsh penalties and get your life back on track.