What are the Legal Defenses to Perjury in California?
According to California Penal Code 118 PC, one could be charged with perjury if they have knowingly and deliberately provided false information while under oath. For example, you could be accused of perjury if you have supplied false information while testifying in court, answering questions during jury selection, filling out a loan application, filing your tax return, applying for a driver's license, etc. In order to prove that you are guilty of perjury, however, the prosecution must be able to show that:
- You made a deliberate and willful statement;
- You knew that the statement was false;
- You were under oath when the statement was made; and
- The statement was related to a "material" fact.
If convicted of this offense in California, you could be sentenced to up to 4 years in state prison, as well as asked to pay certain fines and/or complete community service. For this reason, it is highly recommended that you seek counsel from the San Diego criminal defense lawyer at JD Law as soon as you have been accused or arrested. In doing so, you may be able to fight a conviction by implementing an effective legal defense. Depending on the nature of the crime, your attorney could contend that:
- You simply misunderstood the question;
- Your statement was mistaken, rather than knowingly false;
- You were not technically under oath; or
- There is insufficient evidence against you.
Have you been charged with perjury in California? If so, you should not hesitate to get in touch with the San Diego criminal attorney at JD Law as soon as possible. When you contact our firm at (760) 630-2000, we can get started on reviewing the facts of your case and building an effective legal strategy on your behalf, so there is no reason why you should wait any longer to take action in the interest of your defense. Call today to learn more!
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