CA Penal Code 118 – Perjury

Under California Penal Code 118 – Perjury, a person can be charged with perjury for intentionally giving false information while under oath.

Charges apply to individuals who wilfully lie while giving testimony in court or in civil depositions, when giving a statement in a sworn affidavit or declaration, when filling out a driver’s license application, or when providing information for other official certificates.

Perjury is a serious offense. You can learn more about California penal codes from a Los Angeles DUI lawyer who can tell you more about these charges and give you information about handling them.

What Leads to a California PC 118 – Perjury Charge?

You can face perjury charges if the police claim that you gave false verbal or written testimony. For example, the police may claim that you:

• Lied on your claim for public benefits to increase the potential amount of financial help you will receive
• Gave false information about the injuries you sustained in a slip-and-fall accident when being deposed during an injury case
• Lied about the identity of a suspect when giving testimony in a criminal trial
• Gave false information on a loan application, signed under penalty of perjury

You do not have to just accept California Penal Code Section 118 allegations. After an arrest, you can get fast help from a criminal defense attorney.

How Is a Person Convicted of Perjury?

For the court to convict someone of perjury under PC 118, the prosecutor must prove:

• The defendant swore under oath to testify truthfully
• The defendant willfully presented the information as truthful, though knowing it was actually false
• The defendant’s false statement was “material” to the case outcome
• The defendant knew the testimony was untrue and that they gave it while under oath
• The defendant lied intentionally

A criminal defense lawyer can tell you more about perjury laws.

What Does It Mean to Be “Under Oath?”

According to California laws, an oath is “an affirmation or declaration.” When you take an oath to tell the truth, you are legally affirming or declaring, either verbally or in writing, that your testimony is true.

What Is “Material” Information?

Material information is important to the case outcome. It is testimony used to decide an issue. Sometimes, material information affects the actual result of a proceeding. Other times, it has the potential to influence the outcome but ultimately does not.

Even if you provide a false statement that does not ultimately affect the proceeding’s outcome, you can still be charged under California Penal Code 118 if your false testimony was material to the case.

What Is Meant by “Willful” and “Intentional?”

When a person does something willfully and on purpose, it is not by mistake, accident, or coercion. To be convicted of perjury, the defendant must have delivered this false information willfully to another person, either through oral or written testimony.

If a person uses notes while testifying, and those notes contain an error, the notes are not evidence of perjury. The witness did not deliver or intend to deliver those notes to another party.

Similar in meaning to “willful,” “intentional” means the defendant knew they were giving untrue information and offered it on purpose. A mistake in memory is not an intentional act of false testifying. If a person gives a false statement in good faith, meaning they believed the information was true, they have not committed perjury.

What Is the Statute of Limitations for Charges of Perjury?

A prosecutor has three years from the date that someone discovers the act of perjury to issue charges. After the three-year date, prosecutors lose the opportunity to file under Penal Code 118 PC.

What Are the Penalties for Committing Perjury?

In California, perjury is a felony offense that carries significant penalties. Those convicted can face up to four years in state prison and/or a fine of up to $10,000.

Judges have the discretion to put convicted perjurers on felony probation rather than issue a prison sentence. Convicted felons must uphold all conditions of probation established by the court and report to a probation officer.

Aggravated Perjury

A person can be charged with aggravated perjury if their false testimony leads to the conviction or execution of another, as per California PC 128. Life imprisonment without the possibility of parole or the death penalty are potential punishments for this crime.

What Additional Consequences Follow a Perjury Conviction?

A conviction for a crime involving moral turpitude (CIMT) can lead to additional consequences. There is no official definition for a CIMT, but crimes given this classification involve dishonesty, fraud, or morally depraved conduct. Perjury counts as a CIMT in California.

A conviction of a CIMT can:

• Damage your credibility should you testify in further court proceedings
• Strip you of your right to own a gun
• Lead to revocation of professional licenses and your ability to work in your professional area
• Affect your immigration status and have other immigration consequences

You can learn more about these consequences for making false statements from an attorney who can build a defense for CA Penal Code 118 – Perjury allegations.

How Can a Lawyer Defend You Against Perjury Charges?

A lawyer experienced and skilled in defending against perjury charges can help you avoid conviction or have your charges reduced. Based on the specifics of your situation, your lawyer will most likely build one of the following defenses:

• You did not willfully provide false testimony. For example, if you are a defendant who witnesses a crime, and you testify falsely about what you saw because of threats of harm from the perpetrator, a California perjury lawyer can offer a defense of coercion to help you avoid conviction.
• You did not lie intentionally. You presented false information, but gave it in good faith or simply by mistake. You may avoid a PC 118 conviction in this situation.
• The false information you gave was not material to the case. Material information can affect the outcome of a case. If the false testimony has no potential bearing on that outcome, it is immaterial and not worthy of a perjury conviction.
• You were not under oath. If you had not been “sworn in” or were not signing or filling out forms under penalty of perjury, a perjury conviction is unfounded.
• You recanted your false testimony. Recanting requires an admission of false testimony before the prosecution levels perjury charges and before the false information has any impact on the case.

You can learn more about defenses to handle California Penal Code 118 PC charges from a Los Angeles criminal defense attorney.

Why Do I Need a California Perjury Attorney?

Perjury is a felony offense with the potential to cause serious damage and disruption to your life and household. A strong defense is your best protection when facing CA Penal Code 118 – Perjury charges.

A Los Angeles criminal defense attorney with expertise in perjury cases has the knowledge of the law and legal system required to build that strong defense, potentially reduce your charges, have the charges dismissed, and mitigate your punishment.

You can turn to our team at Los Angeles DUI Lawyer for help finding the right attorney to handle your legal needs.