Perjury – Overview (California Penal Code Sections 118 through 131)

If you lie under oath, you could be charged with perjury.

Examples of Perjury

• • Intentionally providing false information on any legal document that has a disclaimer to which you sign reading “I declare under penalty of perjury that the above information is true and correct” or words to that effect, including:
    • An affidavit;
    • A certificate; or
    • A declaration;
    

    A perjury prosecution can be triggered in a variety of ways.

• • Knowingly giving a false statement while testifying in a criminal or civil court proceeding;
  • Willfully lying during a sworn deposition;
  • Lying on an official government form, for example:
    • A driver’s license application;
    • A claim for public benefits such as CalFresh (formerly food stamps); and
    • A Carry Concealed Weapon (CCW) application;

• Testifying as to your opinion if you don't honestly believe in the opinion about which you are testifying; and
• If you are a law enforcement officer, knowingly and intentionally making a materially false statement in a police report and then filing the report with your agency (Penal Code Section 118.1).

Prosecution for Committing Perjury

a. Orally (spoken); or b. In writing

• You attempted to persuade a witness to lie;
• You believed that the testimony was false; and
• The witness does, in fact, lie under oath.

Defenses to Committing Perjury Charges

The attorneys at Wallin & Klarich know the defenses to a perjury charge.

Possible defenses to a charge of perjury under Penal Code Section 118 include:

1. No intent: You did not knowingly make a false statement;
2. Coercion: You did not willingly make a false statement;
3. The statement was not false: You made a misleading, but technically truthful statement;
4. You were not under oath: You were not legally under oath when you lied;
5. Not material fact: The false statement was not related to a material fact; or
6. Recantation: You corrected a false statement in a timely manner

Sentencing and Punishment for Committing Perjury

Wallin & Klarich Can Help You Fight a Perjury Charge