What is the California Law on Altering a Legal Document?
In California, altering legal documents can be a serious criminal offense. Depending on the nature of the legal document and what the offender does with the document, the potential terms of imprisonment range from one to five years--more if there are aggravating factors such as a criminal history. Depending on the specific facts, altering a legal document may make a person guilty of forgery, fraud, falsifying evidence, or even profiteering.
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Falsifying Evidence
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Tampering with a legal document that is to be used as evidence in a hearing is a criminal offense in California. California Penal Code Section 141 provides that this offense is a misdemeanor. Similarly, modifying a legal document that will be used in a disciplinary hearing against a public safety officer is a misdemeanor under section 135.5. Misdemeanors in California subject the offender to up to one year in prison and fines of up to $2,000.
Filing Altered Documents
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Filing, registering or recording an altered legal document in any government office is guilty of a felony pursuant to California Penal Code Section 115. Each altered document filed may be prosecuted as a separate offense. Sentencing for felonies in California is complicated and depends heavily on the offender's criminal background and specific nature of the crime, but at worst the offender may be sentenced to years in jail, thousands of dollars in fines and restitution to the victim.
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Profiteering
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Pursuant to the laws against organized crime, if a person alters a legal document as part of a conspiracy to defraud, he is guilty of profiteering in addition to fraud. Under California Penal Code Section 183, any property interest obtained as a result of the pattern of criminal activity will be forfeited, as will all proceeds of the fraud.
Residency
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It is also a crime to alter or sell an altered government document with the purpose of concealing the true citizenship or resident alien status of a person. Pursuant to California Penal Code Section 112, this criminal offense is a misdemeanor and the penalty is one year imprisonment in a county jail. Each altered document is a separate offense and sentences may run consecutively. Using an altered document to present a false citizenship or residency is a felony under section 114, with a penalty of five years imprisonment in state prison or a fine of $75,000.
Filing Altered Documents
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Fraudulently issuing title to merchandise is a separate criminal offense in California. These legal documents include bills of laden, deeds and vehicle titles. Altering any of these documents and passing them off to another is a criminal offense under Chapter 14 of the California penal code, and the penalty is imprisonment in state jail and/or a fine of up to $1,000.
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