Lying under oath is a serious offense in California. Known as perjury, it can arise in criminal trials, civil cases, depositions, or even during sworn statements to government agencies. Because the justice system depends on truthful testimony, prosecutors treat perjury aggressively.
Unfortunately, what may seem like a misunderstanding or misstatement can quickly escalate into criminal charges. If you’ve been accused of perjury, understanding the law and your defense options is critical.
What Qualifies as Perjury?
California Penal Code Section 118 defines perjury as willfully providing false information under oath or affirmation in a legal proceeding. Examples include:
- Giving false testimony in court
- Lying in a written declaration submitted under penalty of perjury
- Providing false information during a deposition
- Misrepresenting facts in an application for a government benefit
Not every incorrect statement counts as perjury. The falsehood must be intentional and material—meaning it is significant to the outcome of the proceeding. Honest mistakes, confusion, or irrelevant inaccuracies generally do not meet the standard.
Penalties for Perjury Convictions
Perjury is a felony in California, carrying severe consequences. A conviction can result in:
- Up to 4 years in state prison
- Heavy fines
- Loss of professional licenses for certain careers
- Long-term damage to reputation and credibility
In cases where perjury contributes to a wrongful conviction or significant harm, sentencing can be especially harsh.
Defending Against Perjury Charges
Prosecutors often rely on testimony or conflicting statements to bring perjury cases, but proving guilt is not always straightforward. Common defense strategies include:
- Lack of Intent: If the false statement was made in error, due to confusion, or without knowledge of its falsity, it is not perjury.
- Insignificance of the Statement: The alleged falsehood must be material to the case. Minor or unrelated misstatements should not qualify.
- Insufficient Evidence: Prosecutors must prove beyond a reasonable doubt that the defendant knowingly lied. Doubts about credibility or memory can weaken the case.
- Constitutional Violations: If statements were coerced or obtained unlawfully, they may be inadmissible in court.
Why Early Legal Representation Matters
Perjury charges strike at the heart of a person’s honesty and character. Even the accusation can harm your career, family, and standing in the community. Because prosecutors are highly motivated in these cases, you need an attorney who understands how to dismantle weak arguments and highlight inconsistencies in the state’s evidence.
At Law Office of Michael L. Fell, we examine every detail of the testimony, transcripts, and circumstances to uncover flaws in the prosecution’s case. We fight aggressively to protect your record, your reputation, and your future.
Protecting Your Rights in Complex Cases
Perjury cases often involve overlapping legal issues, including contempt of court, obstruction of justice, or probation violations. Handling these complexities requires a defense attorney with experience in both trial strategy and negotiation.
If you are facing perjury charges in California, don’t risk your future by going it alone. Call Law Office of Michael L. Fell at (949) 585-9055 today to discuss your defense options and secure the strong representation you need.