California Perjury Laws
Charged with perjury in California state courts or federal courts?
If you are charged with perjury in California State Courts or Federal Courts, a lawyer experienced with perjury cases will be able to assist you in determining the proper steps to follow.
Hire a San Francisco Criminal Defense Attorney, Ginny Harjot Walia, to represent you!
Ginny Harjot Walia represents clients charged with felony and misdemeanor perjury charges in the East Bay area, San Francisco and other cities throughout Northern California in California State and Federal courts. Call Ginny Walia Law Offices now for a consultation.
California Perjury Charges
The deliberate, willful giving of false, misleading, or incomplete testimony under oath or the breach of an oath or promise can result in criminal charges for perjury.
California Perjury charges are governed by Penal Codes 125-129
- 125. An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false.
- 126. Perjury is punishable by imprisonment in the state prison for two, three or four years.
- 127. 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.
- 128. Every person who, by willful perjury or subornation of perjury procures the conviction and execution of any innocent person, is punishable by death or life imprisonment without possibility of parole. The penalty shall be determined pursuant to Sections 190.3 and 190.4.
- 129. Every person who, being required by law to make any return, statement, or report, under oath, willfully makes and delivers any such return, statement, or report, purporting to be under oath, knowing the same to be false in any particular, is guilty of perjury, whether such oath was in fact taken or not.
Federal Perjury Charges
If 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, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true can be charged with perjury and faces imprisonment of up to five years.
Federal Perjury Charges are governed by 18 USC §1621.
(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. This section is applicable whether the statement or subscription is made within or without the United States.