San Diego Perjury Defense Attorney

Penal Code section 118 generally concerns willfully stating material information as true, while knowing it is false, under a legally authorized oath or declaration under penalty of perjury. A casual lie is not automatically perjury. The prosecution must prove the applicable elements, including knowledge and materiality, beyond a reasonable doubt.

An allegation can arise from trial testimony, a deposition, an affidavit, or a qualifying government form. Materiality concerns the statement’s capacity to influence the proceeding or matter; it need not actually change the final decision. Not every incorrect application entry satisfies these requirements.

The full question and answer, language, recollection, documents available at the time, and a witness’s actual belief can be significant. A misunderstanding, lack of knowledge, truthful but incomplete answer, or nonmaterial statement may undermine an element of the charge.

A later correction may help explain events but does not automatically erase an earlier completed offense. Related allegations such as subornation of perjury, forgery, or witness intimidation involve separate proof. Do not attempt to repair the situation by altering records or coordinating testimony.

California perjury is generally a felony with a potential two-, three-, or four-year custodial term, subject to applicable sentencing rules. Probation and other dispositions depend on eligibility and judicial decisions. Employment, licenses, immigration, firearm rights, and credibility in later proceedings can also be affected; not every consequence applies identically to every person.

James N. Dicks is a Certified Criminal Law Specialist and former investigator. jD LAW reviews transcripts, declarations, supporting documents, and the prosecution’s theory to prepare an individual defense. Preserve the original records and call (760) 630-2000 for a free consultation about your San Diego case.