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PC 72 Presenting false claim to defraud | Fresno Criminal Defense Attorney

PC 72 Presenting false Claim to Public Board or Officer.

PC 72 Every Person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine.

As used in this section "officer" includes a "carrier," as defined in subdivision (a) of Section 14124.70 of the Welfare and Institutions Code, authorized to act as an agent for a state board or officer or a county, city, or district board or officer, as the case may be.

WHAT ARE THE ELEMENTS OF PC 72 PRESENTING FALSE CLAIM TO PUBLIC OR OFFICER?

1.  Defendant presented for allowance or payments to the state board or officer or to a count, city, or district board or officer authorized to allow or pay the same if genuine, a claim, bill, account or voucher.

2.  Defendant presented said allowance or payment with the intent to defraud the state board or officer, or to a county, city, or districtboard or officer authorized to allow or pay the same if genuine, a claim bill, account or voucher. [PO 72]

What is the punishment for a violation of PC 72?  Will I go to Jail?  Will I go to Prison?

Every person who violates this section is punishable by imprisonment in the county jail for a period of not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170.

PC 72 as a felony is punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable a term of imprisonment in a county jail for 16 moths, or two or three years.  [PC Section 1170(h)(1)]

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