California

California Penal Code 118 Perjury (PC 118)

Under California Penal Code Section 118 (PC 118) perjury is an act of knowingly and willfully making false statements after taking an oath, telling the truth, or signing a document that knowingly contains false statements.

Elements of Perjury California PC 118

The prosecutor must establish the following element to convict the defendant of perjury.

  • Defendant took an oath or otherwise made a statement to provide a truthful information
  • Defendant willfully stated the information was true knowing that it was false
  • The information was considered material for the issue
  • Defendant knew that he was making a statement under penalty of perjury or under oath
  • Defendant intended to make a false statement while under penalty of perjury or under oath

What Does It Mean to Be Under Oath?

Being under oath is any legal method of confirming the truth of a statement.

The most obvious way to be charged with committing perjury is lying under oath during a court proceeding. In case the defendant testified in a civil or criminal or civil case and made a false statement he has committed perjury.

A person can also face perjury charges for willfully making false statements while he:

  • Made a sworn affidavit
  • Provided information for official certificates
  • Filled out a driver’s license application
  • Testified in civil depositions

Material information is the one that can influence or has a probability of affecting the outcome of the proceeding. There is no requirement that the information actually influence the proceedings

Suborning Perjury

Under California Penal Code Section 127 in addition to committing perjury a person can also be convicted for a “suborning perjury”. Suborning perjury means that the defendant intentionally persuaded, invited or coerced another person to commit perjury either in writing or verbally.

Legal Defenses for Perjury PC 118

Legal defenses for California PC 118 perjury charges include the following:

  • Mistake or misunderstanding

In case the defendant did not knowingly make a false statement and honestly but mistakenly believed that his statement was true, this can be a valid defense.

  • Defendant made an attempt to correct a false statement

In case the defendant corrected a false statement in a timely manner, the attempt can show that he did not have the intent to provide false information.

  • The defendant was not under oath

The defendant can’t be found guilty in case he was not legally under oath when he made a false statement.

Penalties for a Perjury PC 118 Conviction in California

Violation of California PC Section 118 is a felony. The judge has the discretion to issue the penalty based on the seriousness of perjury, the defendant’s criminal record, and whether another person was harmed as a result of the perjury. Possible penalties are the following:

  • Felony probation
  • Up to one year in a county jail or
  • Two, three, or four years in California state prison.
  • A fine of up to $10,000

In case the defendant is convicted of perjury that leads to the conviction and execution of another person, he will be sentenced for aggravated perjury, which is punishable by a death sentence or a life sentence without the possibility of parole.

Perjury conviction will damage the defendant’s credibility and can lead to other potentially long-term and serious and consequences.

Are you someone who is in need of legal assistance due to being accused or charged with perjury? If so, you can get in touch with a criminal defense lawyer near you in order to receive the help that you need. In case you are located within the service area of KAASS Law, we may be able to assist you.

 

 

Kaass AK

Recent Posts

Federal Tort Claims Act: Understanding Your Right to Sue the Federal Government

Navigating the Process and Deadlines Under the FTCA When a federal employee or agency’s negligence injures someone, pursuing justice becomes…

2 weeks ago

Motion to Dismiss and Seal a Criminal Record in California

Understanding a Motion to Dismiss and Seal a Criminal Record A motion to dismiss and seal a criminal record in…

2 weeks ago

Flying Taxis Set to Transform Transportation in Los Angeles

The Future of Urban Mobility Takes Flight Los Angeles is on the edge of a transportation breakthrough as flying taxis…

2 weeks ago

Sexual Abuse Claims at Los Padrinos Juvenile Hall

Widespread Abuse in California Juvenile Facilities Over the last several years, disturbing accounts of sexual abuse, assault, and misconduct have…

2 weeks ago

California Rideshare Union Law: What New Bill AB 1720 Means

In a landmark move, Governor Gavin Newsom recently signed a new bill into law. This bill dramatically reshapes the relationship…

2 weeks ago

Homeless Injury Liability: Is the City Responsible for the Crisis?

The homelessness epidemic is the most visible crisis facing California cities. Encampments line sidewalks and parks, creating complex social and…

2 weeks ago