Last Updated on February 10, 2025
If all the facts in a case were immediately obvious, the court’s job would be much easier. As it stands, we must rely on testimony, forensics, expert opinion, and other forms of evidence to help guide the judge and jury to the correct conclusion. Unfortunately, these things don’t always tell a complete, unbiased story of what really happened. Things get even worse when someone lies under oath or when evidence is manipulated or even invented. For this reason, offering or preparing false evidence is a felony crime in Vista, California under Penal Code sections 132 (PC) and 134 (PC).
The Difference Between Preparing and Offering False Evidence
These two crimes are very similar, which is why they are frequently discussed simultaneously. Essentially, preparing false evidence, filed under Penal Code section 134 (PC), is the crime of creating a fraudulent document or other item with the intent to use it as evidence in a legal setting. On the other hand, offering false evidence (California Penal Code section 132 (PC)) occurs when someone knowingly presents a forged or altered piece of evidence to a court, investigator, or other legal agency or agency.
Where is False Evidence Used?
Criminal trials aren’t the only places where false evidence is used. Have been known to create or manipulate evidence in lawsuits, family court matters, and financial cases such as bankruptcies.
Because false evidence isn’t limited to criminal trials, those charged with the crime can be from any walk of life, not just law enforcement agents, lawyers, forensic experts, and other professionals working in the criminal justice industry. If someone forges a document in a small claims court and introduces it as evidence, they can still be charged with both preparing and offering false evidence —and possibly forgery and perjury as well.
False evidence doesn’t have to be used in a courtroom, either. You can be charged with these crimes for creating fraudulent evidence to convince law enforcement officials that you have an alibi for a crime. If you are contacted by any government agency requesting documents, you should call a criminal lawyer immediately.
The evidence doesn’t need to relate to your guilt or innocence either. If, for example, you edited a video to make it look like someone committed a crime and turned it in to the police. If the officers discovered your forgery, you could be charged with preparing false evidence.
The Penalties for 132 (PC) and 134 (PC)
No matter what kind of case, type of evidence, or how serious the issue, the penalties for these crimes are the same —up to three years in California state prison. That means that even if you manipulated evidence to fight a parking ticket, you could still receive the same penalty as someone who attempted to frame someone else for murder.
Fighting False Evidence Charges
Defenses for these offenses vary based on the specifics of the situation. One strong defense is to argue that there is insufficient proof of your intent and knowledge that the documents or other items were fraudulent. To be convicted of these crimes, the prosecution has to prove that you had the intent to produce or prepare false evidence. If, for example, you truly believed your ex failed a drug test and tried to present proof of this in a custody hearing, your criminal defense attorney could show that even if the evidence was false, you had reason to believe it was not.
Proving intent and knowledge can be tricky unless you confess to one or both of these crimes during the investigation. If you are charged with this crime or believe you may be accused, always speak with a lawyer before speaking to investigators. Police will do whatever they can to get suspects to confess during interrogations, and attorneys can protect you from saying or doing something that may hurt your case later.
Similar Criminal Offenses
Those accused of preparing or offering false evidence are also often charged with other crimes as well. Perjury and forgery are two common examples. Similarly, many defendants also face charges related to Penal Code 135 (PC) by destroying or concealing evidence with the intent to deceive investigators, prosecutors, or the courts. Alternatively, if someone plants false evidence or manipulates real evidence for the purpose of interfering with an investigation, trial or other legal proceeding, they can be charged with tampering with or planting evidence under California Penal Code section 141 (PC). It is common for those accused of preparing false evidence to also be charged with tampering with evidence, as both statutes cover altering or modifying something to be used as proof in an investigation or legal matter.
Call a Lawyer Today
If you have any reason to believe that someone may accuse you of offering or preparing false evidence related to a legal proceeding, a criminal defense attorney can help you develop a defense strategy before charges are even filed. You can schedule a free initial consultation with Peter M. Liss by calling (760) 643-4050 or (858) 486-3024.
