Will I Go to Jail If Charged with Perjury?
California Penal Code 118 PC describes the felony crime of perjury as knowingly giving false information while under oath. In other words, someone commits perjury when they take an oath to testify before a tribunal where an oath is applicable and then deliberately lies or provides false information.
A few examples where someone could be charged with PC 118 perjury include the following:
- knowingly lie on the witness stand at a criminal jury trial,
- deliberately failing to correctly identify a suspect,
- falsely identifying a suspect on purpose,
- signing an affidavit when you know it has false information.
You could also face perjury charges if you falsely fill out an application for a California driver's license on purpose.
As you can see, perjury charges require that the defendant intentionally lies or provides misleading testimony while knowing exactly what they were doing.
Our Los Angeles criminal defense attorneys provide an outline below for more information.
Definition of PC 118 Perjury
The criminal offense of California Penal Code 118 PC perjury in California is defined as follows:
- “Any person who, having taken an oath to testify before any tribunal, officer, or person, in which the oath can by the law of the State of California be administered, willfully states as true any material matter they know to be false is guilty of the crime perjury.”
What does “material matter” mean?
A prosecutor must show that a defendant accused of perjury gave false material matters. A statement can be considered “material” if:
- the court used the statement affecting the outcome or
- the statement could have potentially influenced the outcome.
Despite what happened in the proceeding, the crime of perjury occurs when someone knowingly gives false information that can impact the case outcome.
What are the “elements of the crime.”
The factors a prosecutor must prove for a conviction are the “elements of the crime.” For perjury (CALCRIM 2640), these include:
- The defendant took an oath to testify truthfully,
- The defendant knowingly gave information they knew was false,
- The defendant made a false statement while under oath,
- The defendant had intent to testify falsely,
- the false information given was material matter.
You can be charged with PC 118 perjury if you give false information while testifying in court, being deposed, or signing an affidavit.
What are the related California crimes?
Penal Code 118 perjury has several California statutes that are related, including;
- Penal Code 115 PC – file false documents,
- Penal Code 118.1 PC – file a false police report,
- Penal Code 127 PC – subornation of perjury,
- Penal Code 132 PC – offer false evidence,
- Penal Code 134 PC – prepare false evidence,
- Penal Code 470 PC – forgery.
Penalties for a California Perjury Conviction
Perjury involves moral turpitude, meaning a conviction normally carries harsh penalties. PC 115 perjury in California is a felony offense punishable by the following:
- up to four years in jail,
- a fine of up to $10,000,
- formal felony probation.
However, a judge could grant a defendant probation instead of jail time in certain circumstances. If probation is granted, it would typically include three years of remedial activities such as counseling, community service, and court fines.
Further, a felony conviction means you will lose your right to own or possess a firearm.
Perjury Charges for Lying on Documentation
Perjury can occur under many different circumstances. Someone could lie on the witness stand under penalty of perjury, and the prosecutors could then prosecute them for that. I rarely see that, although it certainly happens sometimes.
The most likely form of perjury is somebody lying on some documentation, such as filling out documentation under penalty of perjury.
I've seen people in depositions get caught perjuring themselves while talking to an insurance company. This particular crime can arise in a whole host of different ways. It's covered by Penal Code Section 118. Basically, you have to make a statement under oath to be prosecuted for perjury in Los Angeles County.
Chances of Receiving Jail Time for Perjury
I would say there is a better than 50% chance that if you're charged with perjury, they'll try to send you to jail or prison. The reason for that is just how seriously judges and prosecutors take lying under oath.
You're most likely to go to prison if you're charged with a federal crime, and perjury is one of the offenses because the federal authorities tend to be much more successful in getting people into federal prison and serving an 85% sentence.
When you raise your hand, swear to tell the truth, and then lie, you strike at the very fabric of our legal system. Prosecutors do not like that—judges like to hammer people in sentencing when they're perjuring themselves.
On the other hand, there are perjury cases that arise in less serious situations, which I've seen a lot of.
Prosecutors sometimes try to twist certain facts into a perjury case to get the judge to punish them.
That's a different situation, and obviously, your defense attorney will do everything they can to avoid a jail or prison sentence under those circumstances, which is to differentiate your perjury case from other perjury cases that might warrant a harsher, severe sentence.
When it comes to white-collar crimes in Los Angeles and perjury charges, I usually see groupings of charges filed in addition to the perjury.
When people fill out documents with the FCC, for example, or other government agencies, lie under oath, or make statements to authorities under oath, all sorts of different things can trigger this perjury prosecution.
You don't see it often, but when you do, it's usually serious and related to some sort of white-collar fraud situation.
Criminal Defense for Perjury Charges
So, pick up the phone if you or a loved one is charged with perjury and you're concerned that you will get a jail or prison sentence. Could you ask to speak to Ron Hedding? I've been doing this for almost three decades:
- I know how to handle these cases;
- I know when a person is likely to go to jail;
- I know when we can develop a defense or a mitigation strategy to keep you out of jail or prison.
If you're charged with perjury at the state level, you have a much higher probability of staying out of jail or prison, especially with a great criminal defense attorney. Some common defenses for perjury include:
- There was no intentional lie;
- There was no material matter;
- You were not under oath.
Another unique aspect of perjury, Penal Code Section 118, and any related white-collar offenses is that perjury is a straight felony.
That means there's no such thing as misdemeanor perjury. So, if you get convicted of perjury, you will have a felony on your record for the rest of your life unless and until you can file a motion to get it dismissed. It will still come up because, in California, there's no such thing as a true expungement.
So, you are fighting a battle when you're charged with perjury. That's why you need to get the best warrior by your side — somebody who's been down the road, you're about the travel, had success, knows the moves to make, and knows how to get you the best outcome. Pick up the phone now. Set up the meeting. I'm ready to help.
