Perjury

Perjury is lying under oath about something that matters. It is not just any inaccurate statement made in court — it has to be deliberate, it has to be about a material fact, and it has to be made under oath or penalty of perjury. California treats perjury as a serious felony because the entire legal system depends on people telling the truth when they swear to do so.

How Perjury Works in California

California perjury is defined in Penal Code §§ 118 through 129. Under § 118, a person commits perjury when, having taken an oath to testify truthfully or having signed a document under penalty of perjury, they willfully and contrary to that oath state as true any material matter they know to be false. The penalty is a felony, punishable by 2, 3, or 4 years in state prison under § 126. Perjury can occur in court testimony, in declarations and affidavits filed with the court, in DMV documents, and in many other sworn writings.

The “material matter” requirement is significant. A false statement is not perjury unless it was material to the proceeding — meaning it could have influenced the outcome. A minor inaccuracy that has no bearing on the case generally does not qualify. California also requires what is called the “two-witness rule” or independent corroboration: under People v. Carter and related authority, a perjury conviction generally cannot rest on the testimony of a single witness contradicting the defendant‘s statement, without additional corroborating evidence.

Why Perjury Charges Matter to Your Defense

Perjury cases turn on intent and materiality. The prosecution must prove that the defendant knew the statement was false at the time and intended to mislead — not that the statement was simply incorrect, mistaken, or based on a misunderstanding. Defense work often centers on showing genuine confusion, faulty memory, ambiguous questioning, or honest disagreement about facts. Skilled cross-examination of the witnesses claiming the statement was false is critical, especially given the corroboration requirement.

Perjury allegations also arise in unexpected contexts. False statements on a DMV form, on a probation violation declaration, or in a sworn application for benefits can support perjury charges. For California professionals — lawyers, doctors, real estate agents, contractors — even an allegation of perjury can affect licensing. A criminal defense attorney with experience defending these cases knows how to attack the materiality element, the intent element, and the corroboration requirement, often producing dismissals or reductions before trial.

Related Legal Terms

Perjury intersects with concepts like contempt of court, the rules around affidavits, and broader white collar crime issues involving false statements. It is also tied to the cross-examination process at the heart of every criminal trial.

Facing Charges Where This Applies?

If you are facing perjury allegations, the technical requirements of California’s statute create real defense opportunities — but only with experienced counsel. Attorney Chris Nalchadjian offers free, confidential consultations 24/7. Call KN Law Firm at (888) 950-0011.