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In California, perjury is a serious criminal offense that involves lying under oath. Even an allegation of perjury can undermine your credibility and lead others to question your character. State law treats perjury as a felony, and convictions could result in a prison sentence and other harsh penalties.
If you have been contacted or charged with perjury in Southern California, it’s crucial to obtain experienced legal representation immediately. The Law Offices of Justin E. Sterling can explain what perjury really means, what the prosecution must prove to secure a conviction, and how to protect your rights.
Call or contact our law firm today for a free consultation at the Law Offices of Justin E. Sterling for straightforward, practical guidance about what comes next.
What Is Perjury Under California Law?
In California, Penal Code 118 PC defines perjury as the willful making of a false statement under oath in a situation where the law requires one to tell the truth. In other words, a person commits perjury when they purposely lie about something the law requires them to answer honestly. This includes testimony in court, depositions, sworn affidavits, declarations, and certain official forms.
Many people are surprised to learn how broad PC 118 is. Perjury doesn’t always occur in a courtroom. A written declaration attached to a motion or a sworn statement to a government agency can qualify. Fortunately, a Penal Code 118 lawyer from the Law Offices of Justin E. Sterling can help you understand your charges and potential next steps.
Elements Prosecutors Must Prove
Prosecutors must prove every legal element of perjury beyond a reasonable doubt to get a conviction. Missing even one of the following elements can weaken or collapse their case:
- You took an oath or made a formal promise to tell the truth.
- You made a statement while under that oath.
- You knew the statement was false when you made it.
- The false statement was material to the proceeding.
- You made the statement willfully, not by mistake or confusion.
Materiality often becomes a major battleground in perjury cases, but what does that mean?
To prove a statement is material, prosecutors must show the statement had the potential to affect the outcome or direction of the case. Trivial or irrelevant inaccuracies usually don’t meet this standard.
Your knowledge and intent also matter. Honest misunderstandings or memory gaps can create reasonable doubt about whether you truly intended to lie under oath.
Examples of Perjury Charges in California
Perjury charges can arise in several contexts, not just criminal trials. Common sources of perjury charges include:
- Testifying falsely during a criminal or civil trial
- Giving untrue answers during a deposition in a lawsuit
- Submitting a sworn declaration or affidavit that contains false information
- Providing inaccurate statements on government forms signed under penalty of perjury
- Making false sworn statements in family law cases
Something that looks like a simple mistake on paper can become a serious charge once prosecutors start considering your intent and possible motive.
Penalties for a Perjury Conviction
Perjury under Penal Code §118 is a felony offense. A conviction can lead to:
- Up to four years in state prison
- Formal felony probation
- Fines of up to $10,000
- Court fees, assessments, and restitution when applicable
Beyond these direct criminal penalties, a perjury conviction may also have serious collateral consequences, such as:
- Damage to professional licenses and certifications
- Employment barriers
- Immigration consequences for non-citizens, including potential deportation or inadmissibility
- Loss of credibility in future legal proceedings
These long-term effects often outweigh the immediate penalties. A perjury defense attorney in California can help you develop a strategy to address the charges and fight for the best possible outcome.
Common Defenses to Penal Code 118 Charges
The good news is that there are several strong defenses for perjury charges. The right approach depends on the facts in your specific case.
Some of the most common defense strategies for a California perjury charge include:
- Lack of intent: Prosecutors must prove you knowingly lied. Mistakes, faulty memory, or even a misunderstanding of complex questions can defeat this element.
- Immaterial statement: If the statement couldn’t reasonably affect the outcome of the proceeding, it doesn’t qualify as perjury.
- Ambiguous questioning: Vague or poorly phrased questions can lead to answers that seem inaccurate but aren’t intentionally false.
- Truth of the statement: If your statement was actually true, the charge fails.
- Coercion or improper interrogation tactics: If you made a misleading statement while under pressure, or if someone used misleading practices, that element may be challenged.
In many cases, early legal intervention can prevent formal charges altogether. An experienced criminal defense lawyer can work to clarify the facts and correct misunderstandings before prosecutors commit to filing charges.
Related Offenses
Perjury charges often appear alongside, or in place of, other crimes. These related offenses include:
- Making false statements to law enforcement
- Filing a false police report
- Obstruction of justice
- Offering false evidence
Each charge has its own legal standards and penalties. A comprehensive defense strategy must consider how these accusations interact and which strategies are most appropriate for you.
What to Do If You’re Accused of Perjury
If someone suggests you may have committed perjury, follow these steps:
- Politely decline to answer questions until you’ve spoken with a California perjury defense lawyer.
- Avoid informal conversations with investigators, even if they seem casual or friendly.
- Preserve any messages or records related to the statement in question.
How the Law Offices of Justin E. Sterling Defends Perjury Cases
Firm founder Justin E. Sterling has handled complex legal matters throughout Southern California for over 20 years. As a former Los Angeles Public Defender, he brings extensive experience handling a wide range of criminal cases, from violent offenses and weapons charges to white-collar crimes such as fraud and embezzlement.
Our approach is personalized and thorough. We review the evidence and investigative reports in your case line by line to identify weaknesses in the prosecution’s case. In a perjury case, this process might involve:
- Reviewing court transcripts and sworn filings for ambiguity and context
- Examining how questions were asked and how answers were recorded
- Challenging materiality and intent
- Filing motions to suppress improperly obtained statements
- Negotiating with prosecutors to reduce or dismiss charges when evidence falls short
Clients often describe our law firm as hardworking, dedicated, and knowledgeable — and we fight relentlessly to pursue favorable outcomes for every one of them. As past client L. Martinez put it:
“Justin is an incredible talent and effective attorney. Don’t be fooled by his quiet confidence and polished demeanor. He is a killer in court. Outlawyered everyone in the courtroom. Case dismissed! Thank you.”
Contact a Skilled Perjury Defense Lawyer Today
A perjury charge under California Penal Code Section 118 doesn’t have to define your future. Contact the Law Offices of Justin E. Sterling today for a free case evaluation.
