Giving False Evidence


How the criminal judicial system operates is paramount to applying justice effectively and any disruption or interference can significantly alter the public’s trust. The act of offering or preparing false evidence is one of those crimes that directly tips the scales of justice and if you find yourself accused of such an offense, to your rights you should hire a San Diego crimes against the police attorney.

What Is Giving False Evidence?

Under Penal Code 132 PC, both the act of offering false evidence and that of preparing false evidence make up the crime. It is characterized by a criminal intent to knowingly present the evidence and also to prepare false evidence to be used in a legal proceeding.

Each is classified as a felony and they carry serious consequences. Despite the classification as a felony, it is important to note that the level of the legal proceedings or its seriousness is relevant to the classification of the charge. The effect of presenting or preparing false evidence is damaging to the court system, which accounts for the seriousness of the offense.

This crime is also closely related to destroying evidence, planting evidence, forgery, and perjury.

Can I Go To Jail For Giving False Evidence?

No matter how minor the fabricated evidence is, presenting or preparing false evidence is an automatic felony. Escaping prison time will be almost near to impossible if you are found guilty. Prison time will range from 16 months to three years. Additionally, the judge has the discretion to consider probation or a fine.

If you are convicted or you plead guilty, your sentence will depend on a number of factors. The judge at your sentencing will hear the specifics of your case and criminal history. In light of the effect that this crime has on the judicial system even after you are behind bars, it is very important that you have legal representation at your sentencing.

How Do I Defend Myself?

Being charged with presenting or preparing false evidence is no joke. With the possibility of felony jail time if convicted, the need to have a sound defense at trial is very critical to your success. But before trial, investigation and legal research can prove beneficial to your case, resulting in the charges being reduced or dropped prior to trial.

If your matter must go forward to trial, it is still not the end of the road. The law assumes that you are innocent until the prosecution presents evidence beyond a reasonable doubt that you are guilty of the crime for which you are charged. Your San Diego false evidence lawyer will advise you on the following legal defenses that would be available to you:

  • There was a mistake of fact. To be found guilty of presenting or preparing false evidence, you must have the criminal intent of knowing that it was false.
  • There is a lack of criminal intent. Depending on whether you presented the false evidence or prepared it, there is a required criminal intent which must be proven in a trial. The absence of that evidence makes for a sound defense.
  • You were the victim of entrapment. This occurs when your actions were induced by individuals in law enforcement with the use harassment, flattery, or force.

It is important to meet regularly with your attorney and ensure that you share with him or her all the information concerning your case. Presenting or preparing false evidence is a serious offense and you will need a competent lawyer by your side.

Hire A San Diego False Evidence Lawyer

At McElfresh Law, our lawyers are dedicated criminal defense advocates with years of experience. Our legal team is equipped with the necessary investigatory and research tools to offer high-quality legal representation for your false evidence matter.

For years, our clients have relied on our in-depth knowledge of the law and the judicial system and trust us to be their courtroom advocate. Call us today at (858) 756-7107 and let us help restore your good reputation.