How to Successfully Fight Against A Perjury Charge – Penal Code Sections 118, 126, 127

Being accused of perjury in California can be tough to navigate. Understanding the process and knowing your rights can make a significant impact in the outcome of your case. This blog aims to provide accused individuals with practical insights on perjury charges in California, key defense strategies that can be used, and the necessity of legal representation in this situation.

Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.

California Penal Code Sections and Penalties for Perjury

Perjury is addressed under several sections of the California Penal Code, reflecting the diverse contexts in which perjury can occur and the serious consequences it entails.

Penal Code Section 118

Penal Code Section 118 defines the act of perjury and outlines the basic elements required for an offense to be considered perjury. According to this section, perjury involves willfully providing false information under oath or affirmation in any of the settings specified by the law, including pleadings, depositions, affidavits, and other legal documents. To constitute perjury, the false statement must be material to the matter at hand. 

Individuals found guilty of perjury may face imprisonment in a state prison for up to four years. Additionally, they could be subject to substantial fines and a permanent criminal record, which can impact their ability to find employment, secure housing, or obtain professional licenses. 

Penal Code Section 126

Penal Code Section 126 provides the penalties for individuals convicted of perjury. Under this section, perjury is classified as a felony, with potential penalties including imprisonment in the state prison for up to four years. The severity of the punishment reflects the serious nature of the crime and its potential to undermine the judicial process.

Penal Code Section 127

Penal Code Section 127 deals with the subornation of perjury, which involves persuading or otherwise inducing another person to commit perjury. Those found guilty of subornation of perjury are subject to the same penalties as those who commit perjury directly, highlighting the state’s stance against any form of deception in legal proceedings.

Understanding these penal code sections is essential for anyone involved in a perjury case, as they provide the legal framework for what constitutes perjury and the associated consequences. Consulting with a criminal defense attorney who is well-versed in California’s penal code can offer valuable insights and guidance tailored to your specific circumstances.

Understanding Perjury Versus Lying on a Police Report

Lying on a police report and committing perjury, although both involving dishonesty, differ significantly in their legal definitions and implications. Lying on a police report occurs when an individual knowingly provides false information to law enforcement, which can hinder investigations and lead to wrongful accusations or arrests. This act can be considered a misdemeanor or a felony, depending on the severity and consequences of the lie. 

Perjury, on the other hand, involves making false statements under oath, typically in a court of law. It is a serious offense that directly undermines the judicial process and can result in severe penalties, including fines and imprisonment. While both actions undermine the pursuit of justice, perjury is generally viewed as a more severe crime due to its direct impact on the legal system’s integrity.

Exploring Key Defense Strategies for Perjury

When facing perjury charges, employing well-thought-out defense strategies can significantly increase your chances of a favorable outcome. Here are some effective defense strategies that your criminal defense attorney might consider:

Materiality of the Statement

For a statement to be considered perjury, it must be material to the case at hand. Your criminal defense attorney can argue that the false statement was not material and did not have any significant impact on the proceedings. If the court agrees, this could result in a dismissal of the charges.

Lack of Intent

One of the primary elements the prosecution must prove in a perjury case is the intent to deceive. If your criminal defense attorney can demonstrate that you did not deliberately provide false information, but instead made an honest mistake or misunderstood the question, this can serve as a strong defense.

Recantation

If you voluntarily retract or correct your false statement before it is discovered, this can be a viable defense. Some jurisdictions allow for recantation to serve as a defense if it is done timely and before the false statement has substantially affected the proceeding.

Coercion or Duress

If you were forced or threatened into making a false statement, your attorney can use this as a defense. Demonstrating that you were under undue pressure to provide false information can mitigate the charges against you.

Insufficient Evidence

In some cases, the prosecution may lack concrete evidence to prove that you committed perjury. Your criminal defense attorney can challenge the sufficiency and credibility of the evidence presented, arguing that it does not meet the high standard of proof required for a perjury conviction.

Immunity Agreements

Occasionally, individuals who provide statements in exchange for immunity in another case might face perjury charges if their statements are found to be false. If you had an immunity agreement, your criminal defense attorney might argue that any falsehoods were part of protected testimony and should not result in perjury charges.

Expert Testimony

Utilizing experts to testify on your behalf can also be beneficial. For example, a psychologist could discuss your mental state at the time of the statement, potentially showing that factors like stress, confusion, or a mental condition influenced your testimony.

Procedural Errors

Your criminal defense attorney will examine every aspect of how the evidence against you was collected and presented. Procedural errors, such as mishandling evidence or improper instructions to the jury, can be grounds for dismissal or an appeal.

By carefully considering and employing these defense strategies, your criminal defense attorney can build a robust defense against your perjury charges. Each case is unique, so it is crucial to consult with a knowledgeable criminal defense attorney who can tailor these strategies to your specific situation.

The Importance of Legal Representation

Navigating the complexities of a perjury charge without professional legal assistance is highly risky. An experienced criminal defense attorney can offer invaluable expertise. They understand the nuances of the law and can craft a defense strategy tailored to the specifics of the case.

Contact Wallin & Klarich Today

If you are facing a perjury charge, you need an aggressive criminal defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.

Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.