Information regarding the crime of perjury is found at California penal code sections 118a and 118(a). In short, perjury means to lie under oath, either on a declaration signed under penalty of perjury (i.e. tax documents, legal documents, etc.) or under a sworn oath (usually in court).

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Note: less common perjury crimes include, false statement under oath but not sworn (PC 129), and lying under oath by a police officer (PC 118.1)

 

To prove that the defendant is guilty of perjury, the prosecutor must prove:

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• The defendant testified, under penalty of perjury, in a court of law or on legal documents, and

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• The defendant knew that he or she was testifying under oath or penalty of perjury, and

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• When the defendant testified, he or she willfully stated information was true when he or she knew it was false, and

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• The information was material to the case (not some trivial misrepresentation)

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In sum, perjury is defined as testifying falsely while under oath to any officer, tribunal, or person, or declaring under penalty of perjury that something is true when the defendant knows it to be false.

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PC 118(a) v. 118a

 

When perjury is charged after false testimony is given in court the defendant is charged with penal code 118(a) [Perjury under oath]

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When perjury is charged after legal documents are filed with false information, or missing information, with the intend to defraud, the defendant is charged with penal code 118a [Perjury by false affidavit].

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Example 1: If the defendant signs legal documents with the welfare department to receive welfare benefits, and the defendant knowingly includes false information, or excludes pertinent information, on the welfare documents, he or she may be charged with perjury by false affidavit.

 

Example 2: If a defendant testifies under oath in a child support case that he earns less money than he actually earns, and the defendant knows that he or she actually earns more money than which he or she stated under oath, then the defendant may be charged with perjury under oath (also called lying under oath), because the issue of his or her finances is material to a child support.

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New Perjury Law (PC 118.1(a))

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Per new California law, a defendant who commits perjury as a peace officer, may face special punishment(s): This new law is found at California Penal Code Section 118.1(a), which states:

 

Every peace officer who, in their capacity as a peace officer, knowingly and intentionally makes, or causes to be made, any material statement in a peace officer report, or to another peace officer and the statement is included in a peace officer report, regarding the commission or investigation of any crime, knowing the statement to be false, is guilty of filing a false report, punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years.

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PC 118a & 118(a) Penalties

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Both PC 118a & 118(a) are classified as felonies in California. If the defendant is found guilty of perjury under oath (PC 118(a), the defendant may be punished by up to four years in the state prison. If the defendant is found guilty of perjury by false affidavit (PC 118a), the defendant may face up to three (3) years in prison).

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Probation Sentence: In some perjury cases it may be possible to have the charges dismissed or reduced. In other perjury cases a sentence of probation (without prison) may be possible. Whether or not a perjury charge is dismissed, reduced, or granted probation depends largely on the egregiousness of the case and the defendant's criminal history.

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Note: Probation sentences can include some type of work release, house arrest, or community service that is intended to serve as an alternative to jail and is made a condition of probation.

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Strike Crime: PC 118a and 118(a) crimes are not considered strike crimes as those terms are found in California's Three Strikes Sentencing Law. If found guilty of either perjury charge the defendant may be eligible for early parole pursuant to Prop 57 (early release on parole for non-violent offenders). Also, the defendant may earn at least fifty percent (50%) credit off his or her sentence for any good time behavior while in jail or prison.

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Moral Turpitude: Perjury is considered a crime of moral turpitude, which means that the crime is considered to be a moral wrong. Crimes of moral turpitude carry special punishments for non-U.S. citizens and licenses professional (i.e. doctors, dentist, nurses, lawyers, etc.).

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Firearm Prohibition: If found guilty of perjury under either PC 118a or 118(a) the defendant will be prohibited from owning or possessing a firearm.

 

Collateral Punishment: In addition to any prison sentencing, criminal convictions for perjury crimes can lead to other severe consequences such as: Immigration issues (non-U.S. citizens), harsh probation or parole terms, fines, lawsuits, employment loss, civil lawsuits, increased punishment for future criminal convictions, and more.

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Defenses to Perjury

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Common defenses to perjury charges include: lack of jurisdiction on perjury by affidavit, mistake of fact as to what the defendant was signing, statute of limitations (could be very long in fraud type cases), duress, necessity, intoxication, insanity, coerced confessions, and more.

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Special Statutory Defense: Per PC 118(b): "No person shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence" (PC 118(b)).

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Note: Per PC 118(b), the defendant's alleged perjury must be proved by something more than the testimony of one person, unless that one person is the defendant (Confession case).

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Note: Perjury crimes are most commonly found in cases related to welfare fraud, tax crimes, insurance fraud, and employment disability claims. In many of these cases, a person, other than the defendant, assists the defendant in completing required legal forms. This can create a defense of mistake where the defendant relied on the representations of an assistant on how to legally comply with any legal form. This is especially true in situations where the defendant speaks a language different the language in which the requried legal forms are printed. 

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To learn more about the crime of Perjury and defenses to penal code 118a and 118(a), contact our criminal defense attorneys today for a free consultation. Our criminal defense attorneys are successful, aggressive, and have handles hundreds of criminal cases, including many  perjury cases. Call today!

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909-913-3138

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