Perjury – California Penal Code 118 PC

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Strong Legal Representation for Perjury Charges in California

Perjury is a felony in California and a charge that carries permanent consequences for anyone whose professional or personal life depends on their reputation for truthfulness. These cases arise in courtrooms, depositions, grand jury proceedings, and any other context where testimony is given under oath and the prosecution believes a deliberately false statement was made. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against perjury and serious criminal charges throughout Los Angeles County. Attorney Hashemi will personally review every statement the prosecution is relying on, analyze the full context in which it was made, and explain every defense option available in your case. Contact our office today at (310) 448-1529 for a free confidential consultation.

California Perjury Laws 

Penal Code 118 pc makes it a felony for any person who, having taken an oath that their testimony, declaration, deposition, or certification will be true, willfully states as true any material matter they know to be false. The statute applies in any proceeding where an oath is lawfully administered including court trials, depositions, grand jury proceedings, administrative hearings, and declarations submitted under penalty of perjury in written form.

The written declaration provision is particularly significant in California because it extends the perjury statute beyond live testimony to cover declarations submitted to courts, government agencies, and other official bodies. A false statement made in a written declaration under penalty of perjury filed with a California court is treated the same as false live testimony under Penal Code 118 pc.

Elements of a PC 118 Charge

To secure a conviction the prosecution must establish beyond a reasonable doubt:

  • The defendant took an oath or affirmation to testify truthfully in a proceeding where an oath was lawfully required
  • The defendant willfully stated something they knew to be false
  • The false statement was material to the proceeding
  • The defendant knew the statement was false at the time they made it

The materiality and willfulness elements are the most frequently contested in perjury prosecutions. A false statement that is not material to the outcome or subject matter of the proceeding does not satisfy the statute regardless of how clearly it was false. And the prosecution must prove the defendant knew the statement was false when they made it — a mistaken belief, a faulty memory, or a misunderstanding of the question does not constitute perjury even when the resulting statement was incorrect.

Penalty of Perjury in California

A conviction under Penal Code 118 pc is a felony carrying 2, 3, or 4 years in state prison and fines up to $10,000. There is no misdemeanor option under this statute. All convictions result in a permanent felony record that affects every background check and every professional license application for life.

The professional consequences of a perjury conviction are often more damaging than the criminal sentence itself. Attorneys, physicians, accountants, real estate professionals, and anyone holding a state-issued professional license faces mandatory reporting to their licensing board and disciplinary proceedings that can result in suspension or permanent revocation. For non-citizens a felony perjury conviction is classified as a crime of moral turpitude under federal immigration law and triggers potential deportation proceedings. For anyone whose livelihood depends on their credibility and reputation a perjury conviction is professionally catastrophic in ways that persist long after the sentence is served.

How Perjury Cases Are Investigated and Built

Perjury prosecutions typically arise in one of three ways. The first is when a statement made under oath directly contradicts physical evidence, documentary records, or other testimony in a way that cannot be explained by memory or misunderstanding. The second is when a subsequent investigation reveals that a statement made under oath was false at the time it was given. The third is when a defendant in a criminal case provides testimony that the prosecution believes was fabricated to support their defense.

These cases require the prosecution to prove not only that the statement was false but that the defendant knew it was false when they made it. That knowledge requirement is what distinguishes perjury from honest mistakes and it is where most perjury defenses are built.

Legal Defenses Against PC 118 Charges

The Statement Was Not Willfully False

The prosecution must prove the defendant knew the statement was false at the time they made it. When the defendant genuinely believed the statement was true, when the statement was based on a faulty memory rather than a deliberate falsehood, or when the defendant misunderstood the question asked the willfulness element cannot be established. Our criminal defense attorney presents evidence of the defendant’s actual state of mind at the time of the testimony including any documentary or circumstantial evidence that the defendant’s belief in the truth of the statement was genuine.

The Statement Was Not Material

A false statement that is not material to the proceeding does not constitute perjury under this statute. Materiality requires that the false statement was capable of influencing the outcome or subject matter of the proceeding. When the statement related to a collateral or irrelevant matter that could not have affected the proceeding our criminal defense attorney challenges the materiality element directly.

The Oath Was Not Lawfully Administered

Perjury requires that the oath was lawfully administered in a proceeding where an oath was required by law. When the proceeding did not require an oath, when the oath was not properly administered, or when the defendant did not understand the nature of the oath being taken the legal foundation of the charge can be challenged.

Recantation

California law provides a limited recantation defense. When a defendant voluntarily and without coercion recants a false statement during the same proceeding in which it was made before the false statement substantially affected the proceeding the recantation may provide a complete defense. The recantation must be timely and genuine and our criminal defense attorney evaluates whether this defense is available based on the specific timing and circumstances of any correction the defendant made.

Contact a Los Angeles Perjury Defense Attorney Today

Attorney Arash Hashemi has defended clients against perjury and serious criminal charges throughout Los Angeles County for over 20 years. When you contact our office he will review every statement the prosecution is relying on, analyze the materiality and willfulness elements, evaluate every available defense, and give you an honest assessment of your options. You work directly with Attorney Hashemi at every stage from the first consultation through resolution. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing perjury and serious criminal charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.