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PC 115 Attempt to Record False or Forged Instrument | Fresno Criminal Defense Attorney

PC 115 Attempt to Record False or Forged Instrument is a serious crime which could result in a state prison sentence. 

PC 115 Attempt to Record False or Forged Instrument

(a) Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony.

(b) Each instrument which is procured or offered to be filed, registered, or recorded in violation of subdivision (a) shall constitute a separate violation of this section.

(c) Except in unusual cases where the interests of justice would be be served if probation is granted, probation shall not be granted to nor shall the execution or imposition of sentence be suspended for, any of the following persons:

(1) Any person with a prior conviction under this section who is again convicted of a violation of this section in a separate proceeding.

(2) Any person who is convicted of more than one violation of this section in a single proceeding, with intent to defraud another, and where the violations resulted in a cumulative financial loss exceeding one hundred thousand dollars ($100,000).

(d) For purposes of prosecution under this section, each act of procurement or of offering a false or forged instrument to be filed, registered, or recorded shall be considered a separately punishable offense.

What are the elements of PC 115?

1. Defendant knowingly procured or offered a false or forged instrument

2. The false or forged instrument was to be filed, registered, or recorded in a public office in this state.

3. The instrument, if genuine, was one which was proper to file, register, or record.

4. Defendant knew that the instrument was false or forged. [PC 115(a)]

Can I go to prison for violating PC section 115?

Yes, the sentencing triad for a violation of PC 115 is 16, 24, or 36 months in state prison.  You could also receive a grant of probation which may include up to one year in the county jail along with other terms of probation.

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