If you have been accused of committing perjury in California, you should take the charge seriously. No matter what the prosecution says, or how much evidence they say they have against you, it is wise to contact a criminal defense attorney before pleading guilty. Following you can read some of the defense options that may work for you. You can also contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
The Definition of Perjury
A person is guilty of perjury if they knowingly and purposely provide false information while they are under oath. One example is providing false information while testifying in court but there are many other ways a person can commit perjury. For example, a purposeful falsehood while filling out taxes, applying for a driver’s license, or applying for a loan are all situations in which a person providing false information could lead to a charge of perjury.
The Prosecution Must Prove Several Things
In order to convict you of perjury, the prosecution must prove that you deliberately and willfully made the statement, that you knew the statement you were making was false, that you were under oath when the statement was made, and that the statement was related to what’s known as a “material” fact. In short, that simply means that it was an important fact.
Potential Consequences for Perjury and Your Defense Options
If you are convicted of perjury in the state of California, you could spend up to four years in state prison and pay a hefty fine. This is why we strongly recommend contacting a criminal defense attorney. We recommend this even if the evidence against you makes you feel as though you have been caught “red-handed.” We recommend contacting an attorney even if the prosecution says they will give you a light sentence.
Why? Because there are defense options you may not be aware of. Note all four things the prosecution must prove, as described above. They may be able to prove that you made a statement that was false, but they must also prove that you knew it was false. As a result, your defense options could include showing that you misunderstood the question, that you were mistaken about the falsehood and were not intentionally lying, that you were not under oath, or that there is overall not enough evidence to convict you.
If we can prove any of that then we may be able to secure an acquittal or have the charged dropped. This is a serious charge that could lead to significant jail time and a permanent criminal record. Call Law Office of Michael L. Fell today at (949) 585-9055 to request a free legal consultation.