In California, being accused of perjury is no small matter. It’s not just a slap on the wrist—it’s a felony offense, carrying the potential for prison time, fines, and a permanent mark on your record. Whether the alleged false statement occurred in a courtroom, during a deposition, or even on a DMV form, the consequences are serious.
But there’s one key element the prosecution must prove to convict you of perjury: intent. If you’re facing charges, understanding how intent factors into your case—and how a skilled defense attorney can challenge it—may be the difference between conviction and dismissal.
What Is Perjury in California?
Under California Penal Code Section 118, perjury occurs when someone:
- Willfully states or writes something they know to be false
- While under oath or making a legally binding declaration
- About a material matter—one that could affect the outcome of a case or decision
It’s not just about being wrong—it’s about knowingly lying.
Common Situations That Can Lead to Perjury Charges:
- Testifying falsely during a court hearing or trial
- Lying during a sworn deposition or administrative hearing
- Submitting a false declaration, affidavit, or statement to the court
- Falsifying details on legal documents such as DMV forms or government applications
Why Intent Is Central to a Perjury Defense
The prosecution must do more than show your statement was incorrect. They have to prove that:
- You knew the statement was false at the time you made it
- You intended to deceive by providing that false information
If you misunderstood a question, misremembered details, or believed your statement was true when you said it, then you did not commit perjury under the law.
Lack of Intent Could Mean:
- You were confused or misunderstood the question or context
- You had a memory lapse or genuinely recalled things incorrectly
- You were given inaccurate information and relayed it unknowingly
- You were coerced or pressured into making a statement you didn’t fully understand
How a Criminal Defense Lawyer Can Protect You
Perjury cases often hinge on nuance. The language used, the circumstances of the statement, and your personal history all play a role. A defense attorney who understands the stakes and the structure of California’s perjury laws can:
- Challenge the element of intent by presenting evidence of confusion, misunderstanding, or lack of motive
- Demonstrate the statement was immaterial, meaning it had no real bearing on the case or decision
- Show inconsistencies in the prosecution’s version of events
- Highlight ambiguities in the question or context that led to the alleged false statement
Your defense isn’t just about proving you were truthful—it's about proving you didn’t knowingly lie.
What Are the Penalties for Perjury?
Because perjury is a felony in California, the penalties are serious:
- Up to 4 years in state prison
- Felony probation
- Substantial fines
- Long-term damage to your credibility, career, and future legal rights
In some cases—especially where perjury leads to another person's conviction—the consequences may be even more severe.
Don’t Wait—Get Legal Representation Now
If you’re being investigated or have already been charged with perjury, time is of the essence. The earlier you consult an experienced defense attorney, the more opportunities there are to build a strong case, preserve your reputation, and protect your future.
Law Office of Michael L. Fell offers aggressive, strategic defense for individuals accused of perjury and other white-collar crimes across Southern California. Call (949) 585-9055 now for a confidential consultation and get the experienced legal help you need to defend your rights.