Accusations of perjury strike at the very heart of the justice system, carrying the weight of felony charges, steep fines, and potential prison time. But while the law treats perjury seriously, prosecutors face a key hurdle in every case: proving that you intended to lie under oath. At Law Office of Michael L. Fell, we know that demonstrating a lack of intent or clarifying misunderstandings can be the difference between freedom and conviction.
Understanding Perjury in California
Perjury isn’t just making a mistake on the stand or filling out a form incorrectly. Under California Penal Code Section 118, perjury requires:
- Making a deliberate, willful statement
- Knowing it is false
- Under oath or in a legally binding declaration
This is crucial. A slip of memory, confusion about wording, or honest mistake doesn’t meet the legal standard for perjury. Prosecutors must prove you intended to deceive—not merely that you got something wrong.
Why Intent Is Central to Your Defense
Intent is often the most challenging element for the prosecution to prove. This is where an experienced criminal defense attorney can make a critical difference. At Law Office of Michael L. Fell, we focus on undercutting any claim of deliberate falsehood by showing:
- Honest error or lapse in memory
- Misinterpretation of questions
- Ambiguity in the language of an oath or declaration
- High-pressure conditions leading to confusion
Jurors need to believe beyond a reasonable doubt that you intended to lie. Any reasonable doubt about your purpose can lead to acquittal.
Common Situations Leading to Perjury Charges
People often think of perjury as lying on the witness stand, but charges can arise in other ways:
- DMV or other government forms with incorrect information
- Court declarations or affidavits with mistakes
- Statements in depositions
- Testimony in administrative hearings
These documents and proceedings all carry legal weight. But they’re also places where honest mistakes happen, especially without legal guidance. At Law Office of Michael L. Fell, we know how to explain these errors and protect you from unfair consequences.
Strategies We Use to Defend Perjury Charges
Every perjury case is unique, but our approach often includes:
- Challenging the clarity of the question or form: Was the question vague, confusing, or misleading?
- Demonstrating lack of motive: Why would you have wanted to lie in this context?
- Attacking the credibility of opposing witnesses: Are they reliable? Do they have something to gain?
- Exposing procedural errors: Did the government gather evidence properly? Was the oath correctly administered?
These angles can make or break the state’s case, especially when intent is hard to prove.
The Consequences of a Perjury Conviction
Perjury is a felony in California. Conviction can result in:
- Up to four years in state prison
- Significant fines
- Lasting criminal record affecting employment, licensing, and immigration status
Given these stakes, you need a defense team ready to fight aggressively on every front.
Don’t Face Perjury Charges Alone
Being accused of perjury is intimidating. You may feel like the system is already against you, but you have rights—and you have options. At Law Office of Michael L. Fell, we understand how to dismantle the prosecution’s claims of intent and show juries the full, fair context of your statements.
If you or someone you care about is facing perjury charges in Southern California, don’t wait to get help. Call Law Office of Michael L. Fell today at (949) 585-9055 for a confidential consultation. Let us put our experience and dedication to work defending your rights and your future.