What Is Perjury?
Perjury is the crime of willfully making a false statement under oath or under penalty of perjury in a judicial, legislative, or administrative proceeding. It strikes at the heart of the justice system — courts and government agencies depend on truthful testimony and sworn statements to function. Because of this, California treats perjury as a straight felony with serious consequences.
If you have been arrested or charged with perjury in San Jose, San Francisco, Oakland, Gilroy, Morgan Hill, or anywhere in Santa Clara County, the attorneys at RV Litigation Group PC can help. Perjury charges often arise from complex situations where the line between a false statement and a mistake, a difference of opinion, or an ambiguous question is far from clear. We examine every detail to build a strong defense.
What the Law Says
Penal Code 118 — Perjury
"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... is guilty of perjury." — California Penal Code Section 118(a)
The prosecution must prove four elements: (1) you took an oath to tell the truth or signed a document under penalty of perjury, (2) you willfully stated something as true, (3) the statement was false, (4) you knew it was false when you made it, and (5) the statement was material — meaning it was relevant to the proceeding or matter at hand. Importantly, a mistaken or inaccurate statement is not perjury if you genuinely believed it was true.
Penal Code 118a — Statements Under Penalty of Perjury
"Every person who, in any affidavit taken before any person authorized to administer oaths, or in any declaration, certificate, verification, or statement under penalty of perjury... willfully states as true any material matter which he or she knows to be false, is guilty of perjury." — California Penal Code Section 118(a) (as applied to declarations)
This extends perjury beyond courtroom testimony to include any written statement signed under penalty of perjury. This covers a wide range of documents: court declarations, sworn affidavits, government applications, financial disclosures, tax returns, immigration forms, and insurance claims. Many people do not realize that signing a document "under penalty of perjury" carries the same legal weight as testifying under oath in court.
Penal Code 127 — Subornation of Perjury
"Every person who willfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would be if personally guilty of the perjury so procured." — California Penal Code Section 127
It is equally criminal to persuade or encourage another person to commit perjury. If you convince a witness to lie under oath, coach someone to give false testimony, or orchestrate false statements in court documents, you face the same penalties as the person who actually made the false statement. Subornation of perjury is a felony carrying two to four years in state prison.
Real-World Examples
These scenarios illustrate how perjury charges commonly arise in the Bay Area:
A witness in a civil lawsuit in San Jose testifies under oath that he was not present at the scene of an accident. However, cell phone records and surveillance footage place him at the location at the time of the incident. He is charged with perjury (PC 118) because he willfully lied under oath about a material fact in the proceeding.
During a custody dispute in Santa Clara County, a mother files a declaration under penalty of perjury stating that the father has a history of drug use. The father produces negative drug tests spanning two years and evidence that the mother fabricated the allegation to gain a custody advantage. The mother is investigated for perjury based on her sworn false declaration.
A business owner in Oakland is deposed in a civil fraud case. The opposing attorney asks a vaguely worded question about "financial dealings" with a particular company. The owner answers based on his understanding of the question but is later accused of perjury for omitting certain transactions. His defense argues that the question was ambiguous and his answer, while incomplete, was consistent with a reasonable interpretation of what was asked.
A man in Gilroy testifies in a criminal trial about events that occurred over a year ago. He provides details about dates and times that later turn out to be inaccurate based on documentary evidence. He is accused of perjury. However, his defense demonstrates that the inaccuracies were the result of honest memory errors — not willful false statements. Memory is fallible, and mistakes in recollection are not the same as intentional lies.
Penalties
Perjury is always a felony in California. There is no misdemeanor version of this offense, reflecting the seriousness with which the law treats dishonesty under oath.
| Charge | Classification | Prison | Fine |
|---|---|---|---|
| Perjury (PC 118) | Felony | 2, 3, or 4 years state prison | Up to $10,000 |
| Subornation of Perjury (PC 127) | Felony | 2, 3, or 4 years state prison | Up to $10,000 |
| Filing False Report (PC 148.5) | Misdemeanor | Up to 6 months county jail | Up to $1,000 |
| Offering False Evidence (PC 132) | Felony | 16 months, 2, or 3 years state prison | Up to $10,000 |
Additional consequences: A perjury conviction carries a permanent felony record that will appear on background checks for the rest of your life. It results in the loss of the right to own or possess firearms. Attorneys, doctors, real estate agents, accountants, and other licensed professionals face disciplinary action and potential loss of their professional license. For non-citizens, perjury may be classified as a crime involving moral turpitude, which can be grounds for deportation or denial of immigration benefits. The conviction also destroys your credibility as a witness in any future legal proceeding.
Legal Defenses
Perjury charges require the prosecution to prove multiple specific elements, each of which can be challenged. Here are the most common defenses our attorneys use:
1. No Willful Intent to Deceive
Perjury requires that you willfully made a false statement — meaning you knew it was false at the time you said it. If you honestly believed your statement was true, even if it turned out to be factually incorrect, you did not commit perjury. People make honest mistakes, have imperfect memories, and interpret events differently. We present evidence that your statement was made in good faith based on your genuine belief and understanding at the time.
2. The Statement Was Not Material
The false statement must be material — meaning it was relevant to the proceeding in which it was made. If the statement, even though false, had no bearing on the outcome or any significant issue in the case, it does not constitute perjury. For example, if you misstated the color of a car in testimony where the color was irrelevant to any contested issue, the materiality element is not met. We analyze the context of the statement to argue that it was immaterial.
3. Recantation
If you voluntarily corrected your false statement before it substantially affected the proceeding — for example, by contacting the court or filing a corrected declaration before any ruling was made based on the false information — this can serve as a strong defense or mitigating factor. While California does not have a statutory recantation defense as complete as some other jurisdictions, timely correction demonstrates a lack of intent to deceive and can lead to dismissal of charges or significantly reduced penalties.
4. Ambiguous Question
Many perjury allegations arise from testimony given in response to poorly worded or ambiguous questions. If the question was susceptible to more than one reasonable interpretation, and your answer was truthful under a reasonable reading of the question, you did not commit perjury. We examine the transcript carefully, analyze the question's wording, and demonstrate that your answer was consistent with at least one reasonable understanding of what was being asked.
5. Insufficient Corroboration
Under California law, a perjury conviction cannot be based solely on the testimony of one other person that contradicts the defendant's statement. There must be corroborating evidence that the statement was false. If the prosecution's case relies primarily on a "he said, she said" dispute without independent documentary, physical, or testimonial evidence to prove the falsity, the case may not meet the corroboration requirement.
Frequently Asked Questions
Perjury under PC 118 is a felony in California, punishable by 2, 3, or 4 years in state prison and fines up to $10,000. There is no misdemeanor version of perjury — it is always a felony. A conviction also results in a permanent felony record and can affect your professional licenses, employment, and immigration status.
Yes. Perjury applies not only to testimony in court but also to any statement made under oath or penalty of perjury. This includes declarations filed in court, sworn affidavits, statements on government forms, tax returns, immigration applications, insurance claims, and other official documents signed under penalty of perjury.
Materiality is a required element of perjury. The false statement must be relevant or material to the proceeding in which it was made. If the statement, even though false, had no bearing on the outcome or any important issue in the proceeding, it may not constitute perjury. This is a common and effective defense strategy that our attorneys evaluate in every case.
No. Perjury requires willful intent — you must have known that your statement was false at the time you made it. If you honestly believed what you said was true, even if it turned out to be factually inaccurate, you did not commit perjury. Mistaken beliefs, faulty memory, confusion about dates or details, and honest errors are not perjury.
It depends on the timing. While California does not have a formal statutory recantation defense like some states, voluntarily correcting a false statement before it has substantially affected the proceeding can be a strong mitigating factor. Prosecutors are less likely to pursue perjury charges if the false statement was corrected before any harm occurred or any decision was made based on it.
