California Penal Code §115 — Filing / Recording False Documents
PC §115 makes it a straight felony to knowingly procure or offer any false or forged instrument to be filed, registered, or recorded in any public office within California. §115 is the backbone charge on fraudulent-deed cases, sham legal-process filings, false lien schemes, and forged court paperwork. Punishable by 16 months, 2, or 3 years under PC §1170(h), with each false document constituting a separate count.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Filing / Recording False Documents Cases in All LA County Courts
01 — Quick Facts
PC §115 — Filing / Recording False Documents at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §115 — Offering False or Forged Instrument for Recording |
| Classification | Felony (straight, not a wobbler) |
| Term | 16 months, 2, or 3 years (§1170(h)) |
| Fine | Up to $75,000 (§115(b)) |
| Probation Bar | Presumptively ineligible for probation in aggravated cases (§115(d)–(e)) |
| Per-Document Charging | Each false document is a separate count (§115(c)) |
| Common Companions | PC §132 (offering false evidence); §134 (preparing false evidence); §470 (forgery); §487(a) (grand theft); §531 (fraudulent conveyance) |
| Immigration | Aggravated felony risk — CIMT under most fact patterns |
| Free Consultation | (213) 723-2337 — Rubin Law, P.C. |
01 — What Is PC §115?
What Is California Penal Code §115?
PC §115 Reads:
"Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony."
— California Penal Code §115(a)
§115 protects the integrity of California's public-records system. The statute targets any knowing use of a false or forged instrument to invoke the machinery of recording — county recorder, court clerk, secretary of state, DMV, or any public office authorized to register or record documents. Common fact patterns include fraudulent deeds, sham grant-deed transfers, forged notary acknowledgments, false mechanics liens, sham court process, and forged court orders filed with a clerk.
Why This Statute Matters
§115 is a straight felony with per-document charging. A single scheme involving five false deeds becomes five counts — each with a triad sentence — and probation is presumptively barred in aggravated cases. Rubin Law, P.C. attacks intent at the recording stage, negotiates count reduction, and pursues §17(b)-adjacent alternatives via §1385 dismissals where facts support.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §115
The prosecution must prove each element beyond a reasonable doubt.
False or Forged Instrument
Document was false or forged — content-wise (materially untrue) or execution-wise (forged signature/notary).
Offered or Procured for Recording
Defendant offered the document — or caused it to be offered — for filing, registration, or recording.
Public Office
The recording office is a California public office authorized to file / register / record the instrument.
If Genuine, Recordable
The instrument, if genuine, would qualify for recording under state or federal law.
Knowingly
Defendant knew the instrument was false or forged.
04 — Penalties
Penalties for PC §115 Filing / Recording False Documents in California
§115 is a straight felony with mandatory §1170(h) commitment.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §115(a) — Offering False Instrument | PC §115(a) | 16 mo, 2, or 3 yrs (§1170(h)) | Discretionary (barred in aggravated cases) | No |
| §115(b) — Fine | PC §115(b) | Fine up to $75,000 | N/A | N/A |
| §115(c) — Multiple Counts | PC §115(c) | Each false document is a separate offense | N/A | N/A |
| §115(d) — Probation Bar | PC §115(d) | Presumptive probation bar on real-property fraud | Presumptively No | N/A |
| With §186.11 Enhancement | PC §186.11 | +2 to +5 yrs on aggregated loss > $100K | No | N/A |
Related Enhancements
PC §186.11 — Aggravated White-Collar
PC §186.11
Adds 2–5 years for aggregated white-collar losses exceeding $100K.
PC §12022.6 — High-Value Loss
PC §12022.6
Additional 1–4 years on aggregated theft/fraud losses.
PC §667.9 — Elder Victim
PC §667.9
+1 to +2 years where victim is 65 or older.
Collateral Consequences
- Per-document charging exposes multi-count sentencing exposure
- Aggravated felony under 8 U.S.C. §1101(a)(43)(M) on fraud losses >$10K
- CIMT — immigration removal consequences
- Presumptive probation bar in real-property fraud cases (§115(d))
- Restitution to victims under §1202.4
- Bar / real-estate / notary license revocation
- Civil clouds on title requiring quiet-title actions
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §115 Filing / Recording False Documents Charges
Rubin Law, P.C. defends §115 at knowledge and materiality.
No Knowledge of Falsity
Good-faith reliance on preparer, notary, or grantor. Client did not know the instrument was false or forged.
Knowledge
Not False or Forged
Document accurately reflects the parties' intent — technical defects do not make it forged.
Materiality
No Offer to Record
Client did not offer the document for recording — third-party recorded without authority.
Act
Non-Recordable Instrument
Where the instrument would not qualify for recording if genuine, §115 fails.
Statutory Scope
Count Reduction
Multi-count filings reduced under Kellett / §654 or through negotiated plea.
Multiplicity
PC §1385 Dismissal
Interest-of-justice dismissal of counts on first-offense, low-loss cases.
§1385
Constitutional Sources
07 — Court Process
How PC §115 Filing / Recording False Documents Cases Move Through Los Angeles Courts
§115 investigations are document-heavy and slow.
- 1
Step 1 — Investigation
DA Real-Estate Fraud Unit, county recorder audits, and title-insurance referrals initiate cases.
- 2
Step 2 — Filing
Multi-count felony complaint filed — often with §186.11 aggregate-loss enhancement.
- 3
Step 3 — Arraignment
Bail set — high on multi-victim real-property cases.
- 4
Step 4 — Preliminary Hearing
Handwriting, notary, and title experts testify; knowledge is the pivotal issue.
- 5
Step 5 — Motions
Kellett/§654 multiplicity motions; §995 sufficiency challenges.
- 6
Step 6 — Trial or Plea
Count reduction, §1385 dismissals, and restitution-based resolutions negotiated.
- 7
Step 7 — Sentencing
Aggravated cases face presumptive probation bar under §115(d).
Los Angeles Courts That Handle PC §115 Filing / Recording False Documents Cases
§115 cases are handled in LA County felony courts.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Filing / Recording False Documents Defense Attorney
Daniel S. Rubin has defended clients charged with filing / recording false documents and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §115 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Filing / Recording False Documents Cases Throughout LA County
See our full Filing / Recording False Documents defense practice
09 — FAQs
PC §115 Filing / Recording False Documents Questions — Los Angeles
What is PC §115?
PC §115 is a felony that punishes knowingly procuring or offering any false or forged instrument for filing, registration, or recording in any California public office.
Is §115 a wobbler?
No. §115 is a straight felony punishable by 16 months, 2, or 3 years under §1170(h). It cannot be reduced to a misdemeanor under §17(b).
Can I get probation?
In aggravated real-property fraud cases, §115(d) creates a presumptive probation bar. Probation may still be granted in unusual cases with strong mitigation and full restitution.
Is each document a separate count?
Yes. Under §115(c), each false document is a separate offense — multi-count filings are the norm on scheme cases.
Does §115 apply to court filings?
Yes, where the court clerk is filing / registering an instrument that qualifies as recordable. Sham court process is commonly charged under §115 alongside §132 / §134.
Does §115 affect immigration?
Yes. §115 is presumptively a CIMT and — where the loss exceeds $10,000 — an aggravated felony under 8 U.S.C. §1101(a)(43)(M).
What is the fine?
Up to $75,000 under §115(b) — in addition to imprisonment and mandatory restitution.
Available 24/7 — Free Consultation
Charged with PC §115? Call Rubin Law Immediately.
§115 is a straight felony with per-document charging and a presumptive probation bar. Rubin Law, P.C. attacks knowledge and reduces counts. Call (213) 723-2337.