Perjury – California Penal Code Section 118
The crime of perjury under California Penal Code Section 118 requires an individual to lie about a material fact under oath. Most perjury cases occur in court, where somebody lies on the witness stand after being put under oath, and the prosecutors are able to prove that what they said was not true.
But there are other circumstances where perjury can come to light – like signing a government document or signing something under penalty of perjury.
Then, it's determined that you are not telling the truth. I've seen this happen in insurance cases where people either give a tape-recorded statement and are caught lying later, or they sign some DMV document, for example, under penalty of perjury, and it turns out they were lying.
Perjury is a Straight Felony Case
Los Angeles has different circumstances in which somebody can be charged with perjury. The problem with perjury is that it's a straight felony, and a lot of times, it's such a serious crime that the prosecutors and judge want to put you in custody to punish you and teach you a lesson to make sure it doesn't happen again.
So, suppose you've got a perjury charge pending in Los Angeles under Penal Code Section 118. In that case, your best strategy is to hire an attorney who has handled these cases before so you can talk about what can be done damage control-wise.
Sometimes, in a perjury case, you have a defense, and you can say, no, I'm not lying; it's the truth. If you can prove that whatever you said was truthful or it's unclear whether you were lying just based on the circumstances of what was said and what evidence they have to prove that it's not honest, then you can certainly mount a defense for a perjury charge.
But a lot of times, you're trying to do damage control, meaning trying to show that listen – you have one version, prosecutors and police – let me tell you what the other version is. Here's what's going on. It's not everything that meets the eye. Many things surround this supposed perjury statement or representation by way of signing something under penalty of perjury.
Best Defense Strategy Against Perjury Charges
So, your best strategy for a perjury case is to have an attorney with all the details and facts. So, when you meet somebody, you want to ensure you give them all the information.
Please don't forget to put a spin on things. So that way, when they negotiate with the prosecutors and judge related to your future, your freedom, and your reputation, they can give an accurate account of what happened and give your side of the story because, often, the truth lies somewhere in the middle.
The prosecutors and police have only looked at it from one side and have yet to obtain all the available information.
That's where your attorney comes in. They will attempt to give them the available information, turn the tide, and put you in a better position so you can get out of the criminal justice system as fast as possible.
Penalties For Perjury Under Penal Code 118
As I indicated above, perjury is typically a straight felony, so you could be facing prison time in Los Angeles, or the court can give you probation. If you get probation, you can spend anywhere from no time in jail to up to one year in the county jail.
Obviously, if you're going to get custody time, doing the time in the county jail is usually better, because you're going to get out faster. Most of the prison sentences are a little bit longer, whereas county jail in Los Angeles especially, is so overcrowded that a lot of times you can get out of there relatively quickly on a sentence and just be on probation having to report to a probation officer.
So, really, what you need to do, and what I try to do when I meet with clients, is figure out exactly what you are realistically facing based on the charges. The prosecutor and judge are going to look at what you did and what type of damage you caused. They're also going to look at your criminal record, who the victim was, and the impact of the perjured statement on the victim.
If it's in court, lying in court is never a good idea because the court takes this very seriously. They want people to respect the judicial system, and lying under penalty of perjury is a huge lack of respect, so they will severely punish that behavior.
So, get in front of an experienced criminal defense lawyer who has been down this road before, give him all the details, and then let him help you figure out your best course of action and your best strategy to put you in the best position.
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