Using False Documents To Conceal Citizenship – California Penal Code Section 114
It is illegal for any person in the United States to use false documents to conceal their true citizenship. Many people do this when they illegally enter the United States and need some sort of documentation to work, to get a driver's license, and to do a lot of things in Los Angeles.
They must realize that if they use false documents to conceal their faithful citizenship, they could face a felony charge that is punishable by up to three years in state prison and other restrictions. Once you get convicted of this crime, you will be deported back to your own country
So, if you're charged with Penal Code Section 114, what the government has to prove is #1, you're using
false documents; #2, whatever documents you have are false, and #3, you know that the documents are false. Wrongfully obtaining DMV documentation is covered under California Penal Code Section 529.7.
This happens all the time when people are trying to get a job and need some sort of documentation. They either create false documents themselves or buy them from somebody who has made them.
This is a severe offense. It not only affects your potential freedom, but it could also affect your future rights to become a citizen. It could also affect your right to vote if you become a citizen – your right to bear arms.
There are a number of consequences. Of course, in addition to being put in jail, you could have a criminal record that #1 you can't get off, and #2 will block you from becoming a citizen in the future.
Is Penal Code Section 114 a Felony or a Misdemeanor?
This crime is a wobbler, which means it can be charged as a felony or a misdemeanor. If you're doing something serious enough, the government will charge it as a felony. If it's less severe, they will charge it as a misdemeanor.
This is really a discretionary matter when it comes to Penal Code Section 114, whether the government will charge this case as a felony and face prison time or a misdemeanor, and you'll be facing up to six months in the county jail.
Suppose someone uses false documents to conceal their true identity or citizenship because they want to commit another, more severe crime. In that case, you can bet the prosecutors will charge that scenario with a felony.
Whether they're doing it because they want to get their driver's license or using it to work in the country, that would certainly be a better argument that all they're trying to do is survive, and it shouldn't be charged as a felony. It should only be charged as a misdemeanor.
Defenses to Using False Documents to Conceal Citizenship
One defense would be that whatever documents you're using are, in fact, you, and you're not trying to conceal anything. The defenses to this particular crime will center around the facts and circumstances of the case. Obviously, a judge will look at the totality of the circumstances to decide whether you're guilty of Penal Code Section 114.
What I have you do is come into the office. We sit down. Could you show me all the information that you had related to the offense?
I can research independently to find out what's going on by calling the courts and the prosecutor's office. Then we develop a plan on exactly how we're going to deal with the situation and what some of the strategies we will use to either completely defend the crime, or if it's not defensible because they have the evidence against you, then we're going to try to figure out how we're going to mitigate the situation.
A lot of times, we will also get an immigration attorney involved because anybody who is using false documents to conceal their faithful citizenship is someone who is probably either illegally in the country or has some other limitations on their citizenship.
The goal will be to try to avoid a conviction if we can, or at least prevent a felony conviction, and see if there is some other lesser crime that we can get the prosecutors to agree to.
Again, we aim to keep you out of jail and protect your record so that you can become a citizen of the United States in the future if that's what you choose to do.
