Preparing False Evidence in California

Is it a Crime to Prepare False Evidence?

Yes, under Penal Code 134, it is a crime to prepare any false material with the intent to produce it, or allow it to be produced for any fraudulent purpose while presenting it to be true for purposes of trial or any other proceeding.

What is Considered Evidence for Purposes of Penal Code 134?

For purposes of Penal Code 134, evidence can include writing material as well as pictures and things such as the following:

• Documents
• Records
• Photographs
• Videos
• Audio recording
• Weapons

How is Intent Defined for Purposes of Penal Code 134?

Typically, intent means that an individual knew what they were doing. Thus, intent for purposes of Penal Code 134 is defined as knowing that the document or thing they produced for purposes of trial or any other proceeding was false and that they wanted to use that false document or thing to trick or mislead the jury or judge.

What Proceedings Are Governed under Penal Code 134?

For purposes of Penal Code 134, proceedings include any proceeding where evidence can be presented. Examples of typical proceedings can include the following:
– Mediation
– Arbitration
– Trial
– Pretrial hearing
– Motion hearing

What Are the Penalties for Violating Penal Code 134?

Violation of Penal Code 134 is charged as a felony. Thus, an individual can face up to three years in state prison as well as the possibility of facing formal probation.

Will an Individual’s Gun’s Right Be Affecting if in Violation of Penal Code 134?

Yes, an individual who is convicted of a felony loses their right to own or purchase a gun. Thus, because Penal Code 134 is prosecuted as a felony, an individual will lose their right to own or purchase a gun should they be convicted.

Will an Individual Face Immigration Issues if in Violation of Penal Code 134?

Yes, an individual can face deportation or be deemed inadmissible should they be convicted of the crime.

What is Considered Inadmissible for Purposes of Immigration Consequences?

Inadmissible for purposes of immigration consequences means that an individual may not re-enter the country once they leave the United States or that they are ineligible to receive benefits from the United States. This is true even if the individual is deemed a legal immigrant.

Los Angeles Criminal Defense Attorney

If you or someone you know has been charged with violation of Penal Code 134, please contact KAASS LAW today at (310) 943-1171 to speak to our criminal defense attorneys for a free consultation.