California Penal Code section 72, Presenting False Claim to Public Board or Officer

California Penal Code section 72, Presenting False Claim to Public Board or Officer

In the State of California, it is illegal to make a false claim to a public board member or officer. Doing so in California constitutes a felony or misdemeanor offense, and it can result in significant consequences including collateral consequences. Specifically, California Penal Code section 72 states that:

“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.”

California Penal Code section 72 goes on to state that:

“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.”

California Penal Code section 72 is a wobbler. This means that California Penal Code section 72 can be charged as a felony or misdemeanor crime.

Elements Required for California Penal Code section 72

To be found guilty of California Penal Code section 72, the prosecution must prove beyond a reasonable doubt that:

1. The defendant presented for allowance or payment to the state board or office or to a county, city, or district board or officer authorized to allow or pay the same if genuine, a claim, bill, account, or voucher.
2. The defendant presented said allowance or payment with the intent to defraud the state board or officer, or to a county, city, or district board or officer authorized to allow or pay the same if genuine, a claim, bill, account, or voucher.

Punishment for California Penal Code Section 72

California Penal Code section 72 is a wobbler, which means that it can be charged as a felony or misdemeanor. If charged as a felony, the exposure for a conviction for California Penal Code section 72 is 16 months (low term), 2 years (midterm), or 3 years (high term).

If charged as a misdemeanor, the maximum penalty for a conviction for California Penal Code section 72 is one year in the county jail.

Any criminal charge, whether a felony or misdemeanor, including California Penal Code section 72, is serious and could result in serious consequences. If you or a family member has been charged with California Penal Code section 72, or any other felony or misdemeanor charge in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been served with such restraining orders and are facing the prospect of losing their gun rights.

For more information about all types of felony and misdemeanor charges, including California Penal Code section 72, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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