Offering & Preparing False Evidence – California Penal Code 132 & 134
Understanding California Penal Code 132 and 134
California Penal Code sections 132 and 134 criminalize conduct involving the use or creation of false evidence in legal proceedings.
These statutes fall within the broader category of obstruction of justice crimes because they punish attempts to interfere with the courts' and legal investigations' truth-seeking processes.
Both offenses are treated seriously under California law because the criminal justice system relies heavily on the integrity and reliability of evidence presented in court.
When evidence is falsified, altered, or fabricated, it undermines the fairness of legal proceedings and can lead to wrongful convictions or improper legal outcomes.
Penal Code 132 makes it a felony to knowingly offer forged or fraudulently altered written evidence during a legal proceeding.
Penal Code 134, by contrast, criminalizes the act of preparing false evidence with the intent to have it later introduced in a legal proceeding, even if the evidence is never actually presented in court.
Because these crimes involve deliberate deception, they are prosecuted aggressively in Los Angeles County and throughout California.
Your best chance at a positive outcome is with an experienced California criminal defense attorney at Cron, Israels & Stark. To schedule a consultation, call (424) 372-3112 or use the contact form here.
What Is Offering False Evidence Under Penal Code 132?
California Penal Code 132 prohibits presenting false written evidence during a legally authorized proceeding when the person knows the material is forged or fraudulently altered.
The statute applies when someone knowingly submits a document or written material as genuine evidence in a court proceeding or investigation, even though it has been falsified.
Examples of written evidence that could trigger charges include:
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letters or written statements
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emails or text message printouts
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contracts or agreements
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photographs or altered images
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receipts or financial records
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medical records or laboratory reports
A common example occurs when someone submits a document with a forged signature in traffic court to dispute a citation.
What Is Preparing False Evidence Under Penal Code 134?
California Penal Code 134 addresses the earlier stage of misconduct. It makes it illegal to prepare or fabricate false evidence with the intent of using it in a legal proceeding.
Importantly, a person can be convicted under PC 134 even if the fabricated evidence is never actually used in court.
Examples of preparing false evidence may include:
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creating forged documents to support a civil lawsuit
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paying someone to create a fraudulent vehicle title
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altering photographs or video evidence
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fabricating financial documents to present during litigation
The key element is the intent to present the fabricated material as genuine evidence at a trial, hearing, investigation, or other legal proceeding.
Key Differences Between Penal Code 132 and Penal Code 134
Although the statutes are closely related, they address different conduct.
Penal Code 132 – Offering False Evidence
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Applies when false evidence is actually presented in a legal proceeding
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Requires knowledge that the evidence is forged or altered
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Focuses on the act of submitting false material to the court
Penal Code 134 – Preparing False Evidence
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Applies when someone creates or prepares fabricated evidence
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The evidence does not have to be introduced in court
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Focuses on the intent to use the material in a legal proceeding
Both statutes are felony offenses under California law.
Legal Definition of Offering False Evidence – Penal Code 132
Under California Penal Code 132, a person commits a crime when they knowingly offer forged or fraudulently altered written material as genuine evidence in any trial, proceeding, inquiry, or investigation authorized by law.
This may include evidence offered during:
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civil trials
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traffic court hearings
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small claims proceedings
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arbitration hearings
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mediation proceedings
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administrative investigations
The statute applies to any legally authorized proceeding where evidence may be introduced.
Legal Definition of Preparing False Evidence – Penal Code 134
Penal Code 134 makes it illegal to prepare any false document, record, or written instrument with the intent to present it as genuine evidence during a legal proceeding.
The offense occurs even if the evidence is never introduced in court, as long as prosecutors can prove that the person intended to use it to deceive the court.
The intent to deceive is the most important element of the offense.
Elements of Offering False Evidence (PC 132)
To convict someone of offering false evidence under Penal Code 132, prosecutors must prove each of the following elements beyond a reasonable doubt:
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the defendant presented written evidence during a legal proceeding
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the evidence was forged or fraudulently altered
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the defendant knew the evidence was false or forged when it was presented
The evidence could include documents such as receipts, photographs, letters, emails, financial records, or other written materials.
Elements of Preparing False Evidence (PC 134)
To secure a conviction under Penal Code 134, prosecutors must prove:
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the defendant prepared false or forged evidence
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the evidence was intended to be used in a legal proceeding
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the defendant acted with the specific intent to deceive the court
Because intent is a required element, many cases focus heavily on proving the defendant's state of mind.
Penalties for Offering or Preparing False Evidence
Both Penal Code 132 and Penal Code 134 are felony offenses in California.
If convicted, a defendant may face:
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16 months in California state prison
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2 years in California state prison
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3 years in California state prison
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fines and court penalties
Judges may sometimes grant probation instead of prison, depending on the circumstances of the case and the defendant's criminal history.
Common Situations Leading to False Evidence Charges
False evidence charges often arise when someone attempts to strengthen their legal position by submitting altered documents.
Examples include:
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submitting forged letters in traffic court
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presenting falsified financial documents in civil litigation
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altering photographs to influence a criminal case
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creating fake ownership documents for a vehicle
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fabricating records to support insurance claims
Even small alterations to documents can result in felony charges if prosecutors believe there was an intent to deceive the court.
Legal Defenses to Penal Code 132 and 134 Charges
Every criminal case is unique, but several common defense strategies may apply to false evidence allegations.
Mistake of Fact
One possible defense is that the defendant reasonably believed the evidence was genuine. If the defendant did not know the document was false, prosecutors cannot prove the offense's knowledge requirement.
This defense is commonly referred to as a mistake of fact.
Lack of Intent
Both statutes require proof of intent to deceive the court. If prosecutors cannot prove that the defendant intended to mislead the court or investigators, the charges may not be sustainable.
Intent is often difficult to prove because it requires demonstrating the defendant's state of mind.
Entrapment
Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed.
If police or informants pressured someone to prepare or submit false evidence, an entrapment defense may apply.
Insufficient Evidence
In many cases, prosecutors rely heavily on circumstantial evidence. A defense attorney may challenge whether the evidence actually proves the required elements of the offense.
Related Crimes
Several other California crimes are closely related to offering or preparing false evidence.
Penal Code 118 – Perjury
Perjury occurs when someone knowingly makes a false statement under oath during a legal proceeding.
Penal Code 135 – Destroying Evidence
This offense involves intentionally destroying or concealing evidence to prevent it from being used in court.
Penal Code 141 – Planting Evidence
Planting evidence involves intentionally placing false evidence at a crime scene to mislead investigators.
Penal Code 470 – Forgery
Forgery involves signing someone else's name or altering documents with the intent to defraud.
Frequently Asked Questions
What is offering false evidence under Penal Code 132?
Definition of offering false evidence
Offering false evidence occurs when someone knowingly presents forged or altered written material as genuine evidence during a legal proceeding or investigation authorized by law.
What is preparing false evidence under Penal Code 134?
Definition of preparing false evidence
Preparing false evidence involves creating or fabricating documents or records with the intent of using them as genuine evidence in a court proceeding.
Do prosecutors have to prove the evidence was used in court?
Difference between PC 132 and PC 134
For Penal Code 132, prosecutors must show that the false evidence was actually presented during a legal proceeding. For Penal Code 134, preparing false evidence is enough even if it is never used in court.
Is offering false evidence a felony in California?
Criminal classification
Yes. Both offering false evidence and preparing false evidence are felony crimes that can lead to prison sentences of up to three years.
What types of evidence can lead to these charges?
Examples of false evidence
False evidence may include letters, contracts, receipts, emails, photographs, financial records, or other documents that are forged, altered, or fabricated.
Can you be charged even if the evidence was never used?
Preparing false evidence liability
Yes. Under Penal Code 134, simply preparing false evidence with the intent to use it in court can result in criminal charges.
Speak With a Los Angeles Criminal Defense Lawyer
If you have been accused of offering false evidence or preparing false evidence under California Penal Code sections 132 or 134, you could face serious felony penalties.
An experienced California criminal defense lawyer can review the evidence, evaluate potential defenses, and work to achieve the best possible outcome.
Early legal intervention can make a critical difference in protecting your rights and challenging the prosecution's case.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help. Schedule your consultation using the contact form or call us at (424) 372-3112.