Trusted Criminal Defense Attorneys
In Southern California

I agree to receive promotional content and notifications from Manshoory Law Group through email or text message. For further details, kindly refer to our Privacy Policy.

Call or text Today for a
Free Case Analysis

(877) 977-7750
Español
Oprima Aqui 306+ Reviews
Select Page
Home » Penal code » California Penal Code 72: Presenting False Claim to Public Board or Officer

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

Douglas Parker

penal code 72

California Penal Code 72 clearly states that submitting false claims to public boards or officers is illegal. It provides much-needed protection against fraudulent transactions with public funds. In other words, it criminalizes any false claim, bill, or account, especially when attempted with the intent to deceive. It is in part designed to protect taxpayer dollars from misuse or misallocation.

Anyone charged under this code[1] will benefit from learning the essential elements. The prosecution must locate specific facts that fulfill, generally, the standard of a claim made with intent to defraud submission. Sanctions resulting from violations of PC 72 range from fines to imprisonment, depending, of course, on whether the nature of the charge is a misdemeanor or felony[2].

Grasping these essential aspects of PC 72 allows individuals to better address the procedural intricacies of the statutory institute. This knowledge would certainly aid in holding public institutions accountable and punctuating transparency and trustworthiness with and around government operations. It is thus essential to understand this specific law in building confidence regarding the allocation of public funds.

What is Penal Code 72 in California?

A claim, bill, account, or writing, fraudulent to some amount, made and issued as true to any of said officers or boards to such amount, with intent to defraud a particular person, is prosecuted with California Penal Code 72. Specifically, it states[3]:

“Every person who, with intent to defraud, presents for allowance or for payment…any false or fraudulent claim…is punishable either by imprisonment…for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both”.

This statute applies to other public entities like state boards and local government officers.

Is PC 72 a Felony?

PC 72 is classified as a “wobbler,” meaning it can be charged as either a misdemeanor or a felony depending on the circumstances surrounding the offense. If charged as a felony, the penalties can include imprisonment for up to three years and fines exceeding ten thousand dollars ($10,000). Conversely, if charged as a misdemeanor, the maximum penalty is typically one year in county jail and fines up to one thousand dollars ($1,000).

Elements Required for California Penal Code Section 72

To secure a conviction under PC 72, the prosecution must prove several key elements beyond a reasonable doubt.

  • Presentation of a Claim: The defendant must have presented a claim for payment to an authorized public officer.
  • Intent to Defraud: The defendant must have intended to defraud the public entity by presenting this claim as genuine when it was not.

These elements highlight the necessity of both action (the presentation of a claim) and intent (the desire to deceive).

 What are the Penalties for Violating Penal Code 72?

The penalties under PC 72 vary significantly based on whether the charge is classified as a felony or misdemeanor.

  • Misdemeanor: Up to one year in county jail and/or fines not exceeding one thousand dollars ($1,000).
  • Felony: Imprisonment ranging from 16 months to three years and fines up to ten thousand dollars ($10,000).

The severity of penalties reflects California’s commitment to combating fraud against public entities.

Legal Defenses Against Penal Code 72 Charges

Several defenses may be advanced during the PC 72 hearing.

  • Lack of Intent: If there is a showing that the defendant lacked the intent to defraud—perhaps because of a misunderstanding or did not know the claim was false, which otherwise would have existed—the defense is quite strong.
  • Mistake of Fact: If the defendant honestly believed the truth of his claim at the time of assertion, perhaps he should be said not to be a conscious fraud.
  • Entrapment: If the police force has forced the defendant to commit the act under compulsion, then it is a good defense.

The Process of Prosecution under Penal Code 72

The prosecution process for PC 72 typically involves several steps[4]:

  1. Investigation: Law enforcement agencies will investigate claims of fraud.
  2. Filing Charges: If sufficient evidence is gathered, charges will be formally filed against the accused.
  3. Pre-Trial Proceedings: This may include arraignment and pre-trial motions where defenses can be presented.
  4. Trial: If no plea agreement is reached, the case will proceed to trial where evidence will be presented by both sides.
  5. Sentencing: If convicted, sentencing will follow based on whether the charge was classified as a felony or misdemeanor.

Comparing Penal Code 72 with Other Similar Laws

PC 72 shares similarities with other statutes aimed at preventing fraud:

Law Description Classification
PC 550 Fraudulent claims related specifically to insurance Felony
PC 132 & PC 134 [5] Presenting or preparing false evidence Felony
PC 118[6] (Perjury) Knowingly providing false testimony under oath Felony

 

Both PC 550 and PC 132 address fraudulent activities but focus on specific contexts—insurance claims and evidence presentation in legal proceedings respectively. Understanding these distinctions helps clarify how PC 72 fits within California’s broader legal framework against fraud.

Basically, the California Penal Code 72 is a crime-preventing response to fraudulent claims against public resources. Elements, penalties, and defenses contained in the Penal Code are often the difference between wrong convictions and just judgments for the accused. Whether on trial or just looking up mechanisms of accountability in public funds, familiarity with PC 72 goes a long way in ensuring integrity in financial systems.

References

  1. California Code, PEN 72. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=72.

  2. Manshoory, S. (2016, December 19). Misdemeanor, felony and “Wobbler” offenses in California. Manshoory Law Group, APC. https://manshoorylaw.com/blog/misdemeanor-felony-and-wobbler-offenses-in-california/

  3. California Victim Compensation Board. (2021, August 6). Penal Code Definitions. https://victims.ca.gov/uploads/2021/08/VBC-71-NONUMBER-Penal-Code-Definitions-Revised-08-06-2021.pdf

  4. 2023 California Code :: Penal Code – PEN :: PART 1 – OF CRIMES AND PUNISHMENTS :: TITLE 13 – OF CRIMES AGAINST PROPERTY :: CHAPTER 10 – Crimes against Insured Property and Insurers :: Section 550. (2001, November 13). Justia Law. https://law.justia.com/codes/california/code-pen/part-1/title-13/chapter-10/section-550/

  5. Manshoory Law Group, APC. (2024, May 29). California Penal Code §134 PC: Preparing False Evidence | Manshoory Law. https://manshoorylaw.com/california-penal-code/penal-code-134/

  6. Manshoory Law Group, APC. (2024, June 12). California Penal Code 118: Perjury Punishment and Defenses | Manshoory Law. https://manshoorylaw.com/california-penal-code/penal-code-118/