Perjury Defense Attorney in San Diego

California defines perjury in Penal Code § 118 and punishes it under Penal Code § 126: “Perjury is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years.” Federal perjury under 18 U.S.C. § 1621 carries “imprisoned not more than five years.” This page covers what the prosecution must prove and how these cases are defended in San Diego.

Perjury cases are one part of our San Diego white-collar crimes defense practice.

California Penal Code § 118, verbatim

Penal Code § 118(a): “Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.”

Penal Code § 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.”

Elements under California law

• Oath or penalty of perjury. The person took “an oath that he or she will testify, declare, depose, or certify truly,” or signed or testified “under penalty of perjury” where the law permits it (§ 118(a)).
• A false statement. The person “states as true” a matter that was false (§ 118(a)).
• Materiality. The statement concerned a “material matter” (§ 118(a)).
• Knowledge. The person knew it to be false: the statute requires a matter “which he or she knows to be false” (§ 118(a)).
• Willfulness. The false statement was made “willfully and contrary to the oath” (§ 118(a)).
• Corroboration. Falsity cannot rest “solely upon contradiction by testimony of a single person other than the defendant” (§ 118(b)).

Penalties under California law

Penal Code § 126 sets the sentence: “Perjury is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years.” Because the punishment is “imprisonment in a county jail under the provisions of subdivision (h) of Section 1170,” perjury is a felony under Penal Code § 17(a).

Federal perjury: 18 U.S.C. § 1621, verbatim

18 U.S.C. § 1621: “Whoever— (1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both.”

The statute reaches statements made abroad as well: “This section is applicable whether the statement or subscription is made within or without the United States” (§ 1621).

False declarations before a federal court or grand jury

18 U.S.C. § 1623(a) covers anyone who, under oath “in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration.” The penalty is “imprisoned not more than five years,” or ten years when the proceeding is before the Foreign Intelligence Surveillance Court.

• Federal elements. Under § 1621, the government proves an oath, a statement of a “material matter,” and that the person did not believe it “to be true.”
• Court and grand jury testimony. Under § 1623, the government proves the person “knowingly makes any false material declaration” in a federal court or grand jury proceeding.

Related charges

• False statements to federal agents. 18 U.S.C. § 1001 reaches anyone who “knowingly and willfully” “makes any materially false, fictitious, or fraudulent statement or representation,” even without an oath. See our § 1001 page.
• Aiding and abetting. Under 18 U.S.C. § 2(a), whoever “aids, abets, counsels, commands, induces or procures” a federal offense “is punishable as a principal.”
• Conspiracy. 18 U.S.C. § 371 applies where “one or more of such persons do any act to effect the object of the conspiracy” and carries “imprisoned not more than five years.”

Fine exposure under 18 U.S.C. § 1621

Beyond prison exposure, a perjury count also carries the general federal fine ceiling and offense classification (18 U.S.C. § 3571; 18 U.S.C. § 3559), which we quote in full on the bank fraud page.

Federal perjury charges generally must be filed under 18 U.S.C. § 3282(a), which bars prosecution “unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.” For California perjury, Penal Code § 801 requires that prosecution “shall be commenced within three years after commission of the offense.”

Credibility consequences

A felony conviction follows a person into later cases. Evidence Code § 788 provides that “For the purpose of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of the judgment that he has been convicted of a felony,” subject to listed exceptions such as a pardon or a dismissal under Penal Code section 1203.4.

Defenses that follow from the statute text

• No knowledge of falsity. California requires a matter “which he or she knows to be false” (§ 118(a)); an honest mistake or faulty memory does not meet that element.
• Not material. Both statutes require a “material matter” (§ 118(a); § 1621).
• No valid oath. The oath must be one that “may by law of the State of California be administered” (§ 118(a)) or one that “a law of the United States authorizes” (§ 1621).
• Single-witness rule. California bars a conviction where proof “rests solely upon contradiction by testimony of a single person other than the defendant” (§ 118(b)).
• Time bar. A California perjury charge “shall be commenced within three years” (§ 801); a federal one within “five years” (§ 3282).

How a California perjury case moves in San Diego Superior Court

When perjury is charged under state law, the case runs through San Diego Superior Court under the Penal Code (Penal Code § 17; § 859b); the wobbler rules, preliminary hearing timing and three-year felony deadline are explained on our domestic battery page.

Frequently Asked Questions (FAQs)

Q: Is perjury always considered a felony in California?

A: Yes, perjury is generally charged as a felony under California law and can carry significant prison time.

Q: Can a false statement be considered perjury even if it was a mistake?

A: No. Intent is a required element. Honest mistakes or misunderstandings are not perjury.

Q: What should I do if I am under investigation for perjury?

A: You should immediately consult a defense attorney before speaking to investigators.

Q: Can perjury charges be reduced or dismissed?

A: Yes. If intent or materiality cannot be proven, charges may be reduced or dismissed.

Q: Does perjury affect future legal cases?

A: Yes. A perjury accusation can damage credibility in future civil and criminal proceedings.

Talk with the office about a perjury charge

If you are under investigation or charged with perjury, contact the office to talk with Vikas Bajaj, or call (619) 525-7005.

This page is attorney advertising and general information, not legal advice. Every case turns on its own facts.

Related guides: White-collar crimes defense · Federal crimes defense · 18 U.S.C. § 1001 false statements · Illegal reentry and alien smuggling

What happens next

1. Call or send the form. Reach the office at (619) 525-7005 or use the contact form.
2. A confidential consultation with Vikas. You speak directly with attorney Vikas Bajaj about your situation.
3. A plan for your case. You leave with a clear plan for the next steps.