CALIFORNIA CRIMINAL LAWYERS

Los Angeles Perjury

Understanding Perjury as a Crime in California
Perjury is a serious crime in California that occurs when an individual provides false information to a government agency or court while under oath. It is also considered a crime when false information is given without being under oath. In either instance, the offender faces severe consequences when found guilty. The crime can attract imprisonment, probation, huge fines, immigration issues, employment problems, and difficulties with professional licenses. This article delves into the different offenses related to perjury in California and the available defenses for each.

Penal Code Section 118: Perjury
According to Penal Code Section 118 in California, it is a felony to deliberately provide false information under oath, which attracts a sentence of up to four years in state prison. The perpetrator’s actions apply to testimony in court or other circumstances where the person is under oath, such as swearing to an affidavit, giving a deposition testimony or applying for a driver’s license. Although the Fifth Amendment, information privileges, and immunity from prosecution apply in some situations, the court may compel an individual to testify under oath. In such cases, the person obliged to testify must do so truthfully, despite their preference.

Possible Defenses
Suppose an individual faces perjury charges in California. In that case, available defenses include claiming they were mistaken about the statement and not deliberately lying, did not understand the question asked, lied about an insignificant fact, did not take an oath, acted under duress, or were threatened.

Penal Code Section 127: Suborning Perjury
Suborning perjury in California is a crime that occurs when an individual convinces another person to lie under oath or provide false evidence, thereby forcing the person to commit perjury. It is punishable as a felony by up to four years in jail.

Penal Code Section 137: Bribery of a Witness
When an individual offers or accepts money, valuable gifts or an item of relevance to influence a witness’s testimony under oath, it is considered a felony under Penal Code Section 137. The offender faces severe consequences, which may involve prison terms of up to four years.

False Documents to Hide Citizenship
Under Penal Code Section 114 in California, providing false documents to obscure an individual’s citizenship or resident alien status attracts a sentence of up to five years in jail. The documents that may apply to this charge include social security cards, driver’s licenses, ID cards, and birth certificates. Defense mechanisms for such an offense can include the individual’s lack of knowledge, misunderstanding, or intent regarding the document.

Dissuading a Witness
Penal Code Section 136.1 in California identifies dissuading a witness as a crime that occurs when an individual deters a witness from testifying regarding a crime or reporting it. If the offense involves force, fear, weapons, or benefits street gangs, the perpetrator faces severe punishment. The crime can be a misdemeanor or a felony and attracts a sentence of up to four years in jail.

Obstruction of Justice
In California, an individual can be charged with obstruction of justice when they present false information in writing, plant, destroy or conceal evidence or prepare false evidence in legal proceedings. Such offenses are treated as felonies and attract a sentence of up to three years in jail.

Table 1: Penal Code Offenses in California
|Offense | Penal Code Section | Punishment |
|—|—|—|
|Perjury | 118 | Imprisonment for up to four years |
|Suborning Perjury |127| Imprisonment for up to four years |
|Bribery of a Witness|137|Imprisonment for up to four years|
|False Documents to Hide Citizenship | 114 | Imprisonment for up to five years |
|Dissuading a Witness | 136.1 | Misdemeanor or felony with jail time of up to four years |
|Obstruction of Justice | N/A|Felonies with jail terms of up to three years|

Conclusion
In conclusion, perjury and its related offenses are grave crimes in California, attracting severe consequences such as imprisonment, immigration problems, heavy fines, and difficulty in securing employment and professional licenses. However, defenses are available for individuals accused of these offenses, such as lack of knowledge of documents, misunderstandings, or duress. If you are facing any of the charges mentioned, contact a lawyer to help defend your rights and get the possible outcome for your case.