Perjury is the crime of intentionally lying under oath. Perjury is treated very seriously, because it can undermine the integrity of the legal system.
When someone lies under oath, it can mislead judges, juries and attorneys, obstruct justice, and potentially lead to wrongful convictions or unjust outcomes. The truthfulness of sworn testimony is fundamental to ensuring fair trials and upholding public confidence in the judicial process.
In California, perjury is a felony. A conviction can result in up to four years of state prison and fines of up to $10,000.
That said — there are times when individuals are unfairly accused or charged with perjury due to misunderstandings, mistakes or insufficient evidence. If this describes you or someone you know, a skilled defense attorney can help you understand your case and decide how to fight your charges.
What is perjury under California law? (Penal Code § 118 PC)
California Penal Code § 118 defines perjury as knowingly and willfully providing false information while under oath.
In order to convict someone of perjury, the prosecution must prove several critical elements:
- The individual was under oath, affirming their intent to testify truthfully. This includes scenarios like court proceedings, depositions, or signed affidavits.
- The statement made was willfully false, meaning it was made intentionally rather than as a result of an honest mistake or misunderstanding.
- The false statement concerned a material matter, one with the potential to influence the outcome of the legal proceeding.
- The defendant knowingly intended to lie at the time the statement was made.
Perjury can happen in various legal contexts, including court testimony, depositions in civil cases, or sworn statements provided in official documents.
For example, a witness who testifies falsely about a defendant’s actions during a trial, or a person who lies about their financial status on a tax return, may be charged with perjury if their statements meet the statutory requirements.
The law also accounts for the possibility of unintentional falsehoods.
Statements made in good faith, even if incorrect, do not meet the threshold for perjury. For instance, a witness who misremembers a detail but believes their testimony to be true is not guilty of perjury.
Penalties for perjury
In California, perjury is a felony offense. A conviction can result in:
- Up to four years of state prison,
- Fines of up to $10,000, or
- Felony probation in some cases.
The court determines the specific penalty based on the nature and impact of the false statement, as well as the defendant’s prior criminal record.
Beyond sentencing, a perjury conviction carries additional repercussions. Felony convictions strip individuals of their right to own or possess firearms under California law.
While perjury does not typically result in immigration consequences — as it is not considered a crime of moral turpitude — the stigma of a felony record can affect employment, housing, and other aspects of daily life.
Defenses against perjury accusations in California
A common defense is demonstrating that the false statement was unintentional. If the defendant did not knowingly lie, they cannot be convicted of perjury.
Similarly, a defense may focus on the materiality of the statement, arguing that the falsehood was irrelevant to the outcome of the legal proceeding.
In some cases, the defense can show that the individual was not under a legally binding oath at the time of the statement. This could occur if the procedures for administering the oath were improperly followed or if the individual reasonably believed they were not under oath.
Finally, ambiguity in the false statement itself may form the basis of a defense. If the statement was vague or open to multiple interpretations, the prosecution may struggle to prove its falsity beyond a reasonable doubt.
Your attorney will review the specific facts of your case and work with you to develop the best defense for your situation.
Contact the Helfend Law Group for legal help
Perjury charges are serious, but an experienced attorney can make a significant difference in the outcome of your case.
At the Helfend Law Group, Robert M. Helfend has over 40 years of experience defending clients in criminal cases, including complex felony charges. He understands how to challenge the evidence, question the intent behind accusations, and build a strong defense tailored to your situation.
If you are facing a perjury charge, contact the Helfend Law Group today. Schedule a confidential consultation and take the first step toward protecting your future – 800-834-6434.
Published January 10, 2025.