Perjury

Lying under oath could land you in jail and attract hefty fines. Perjury is not just about forgetting something or making an error when giving your testimony. The offense of perjury involves intentionally giving false statements or testimonies while swearing to give the correct information under oath.

Whether in written documents, while in court, or in other formal contexts, lying under these circumstances could attract harsh legal consequences. If you or a loved one is under investigation or has a pending perjury charge under Penal Code (PC) 118, understanding what you are up against and the best way of challenging the allegations is vital.

That is where the services of a criminal defense attorney become vital. At the Law Offices of Anna R. Yum, we are here for you if you or a friend is under arrest or investigation for an alleged PC 118 charge. We will offer you a result-oriented legal representation to increase your odds of attaining a desirable outcome, wherever you are in San Diego.

Perjury Offense at a Glance

When you hear someone talk about PC 118, he/she refers to the statute that defines and deals with the offense of perjury. According to this statute, you commit a perjury offense when you knowingly and deliberately lie after promising to tell the truth under oath, often during a court case. You also commit perjury when you lie under oath in a written declaration, affidavit, or civil deposition.

Below are examples of acts that could attract charges under this statute:

• Lying during a driver’s license (DL) application
• Lying when responding to a question when testifying as an eyewitness at trial
• Making two statements or declarations that contradict each other during a court proceeding and failing to admit that one of them was false
• Making false statements or declarations during a loan application, which requires you to sign under oath
• Declaring in court during a divorce hearing that you earn less money each year than you do
• Making a deliberate false statement and including it in the police report
• Lying by giving false details about your tax reports, statements, or returns, which require an oath

Arraignment Hearing for a Perjury Charge

The arraignment hearing will be your first court proceeding following an arrest. The arraignment hearing is when the judge formally charges you with a perjury offense under PC 118. During this hearing, the judge may also determine your eligibility for release from jail on bail. Below are key facts you need to know about the arraignment hearing for an alleged PC 118 charge:

• You will have a chance to enter your preferred plea choice, including “not guilty,” “No contest,” and “guilty” pleas
• Unlike a misdemeanor offense, where a judge can show up on your behalf during this hearing, your appearance in court could be necessary, since perjury is a felony
• The arraignment hearing will commence the pretrial process, which includes trial preparation, preliminary hearings, and plea negotiations
• The court could issue an arrest warrant, authorizing the police to arrest you when you fail to appear at your arraignment hearing when required

While the arraignment usually occurs within forty-eight hours after an arrest (excluding weekends and holidays), the court could postpone it for a reasonable time upon request. For example, if you need more time to consult with your criminal defense attorney after learning about the charges, the court could accept your request to postpone your arraignment.

During the arraignment hearing for the alleged perjury offense, the rule of thumb is to remember your constitutional rights. For example, you have a constitutional right:

• To have legal representation by a qualified attorney (if you do not have money to hire a personal attorney, the court can appoint a public defender to offer you legal representation)
• Against self-incrimination
• To a speedy trial, which is enforceable through a speedy or Serna trial motion
• To confront or produce eyewitnesses
• To a trial by a jury

Common Crimes Associated With Perjury Offense Under PC 118

The offense of perjury is usually associated with several other related crimes, including the following:

Forgery Under PC 470

PC 470 defines the offense of perjury and the penalties you could face after conviction. According to this statute, you commit a perjury offense when you deliberately alter, make, or use a written document for fraudulent activities. Specifically, PC 470 makes it unlawful to do any of the following:

• Forge or counterfeit the handwriting or seal of another person
• Sign another person’s name
• Falsify, corrupt, or alter any record of any lawful judgment or codicil
• Forge, alter, counterfeit, or make specific documents like money orders, bonds, or checks

In most cases, the prosecutor will treat a forgery offense as a wobbler. A misdemeanor conviction under PC 470 will attract the following penalties:

• A jail term of up to one (1) year
• Misdemeanor probation
• A fine not exceeding $1,000

If your forgery offense is a felony, a conviction is punishable by:

• Up to $10,000 maximum fine
• Up to three years of jail time
• Felony probation

The prosecutor is more likely to file your forgery offense as a misdemeanor if any of the following facts are true:

• The instrument involved is worth $950 or less
• The forged document is a money order, a check, or a related instrument

Filing False Documents Under PC 115

According to PC 115, it is unlawful to knowingly register, record, or file a forged or false document in any public office. Here are examples of instances or acts that could attract charges under this statute:

• Submitting a fraudulent timesheet to a government agency
• Falsifying a real estate document or deed and submitting it to the office of the county recorder
• Submitting fictitious fishing reports to the Department of Fish and Wildlife

Unlike a forgery offense, the prosecution team will file a PC 115 violation as a felony, carrying the following potential sentence after conviction:

• Up to $10,000 maximum fine
• Three years of detention in the state prison or county jail

While the standard jail sentence for this offense is three years, you could receive a lighter sentence, depending on your unique case circumstances. Although the court could award you probation instead of jail, you could be ineligible for this alternative sentencing option if:

• You have a record for a PC 115 violation
• You have more than one count of PC 115 violation, which caused a maximum loss of up to $100,000

Subornation of Perjury

According to PC 127, you commit the offense of subornation of perjury when you willfully procure or persuade someone to commit perjury and he/she does perjure. The prosecutor will file PC 127 charges against you in this case, but the other person will face perjury charges under PC 118.

The penalties you will face after a PC 127 violation conviction are similar to those you would face for a perjury conviction under PC 118, including two to four years of imprisonment. After a PC 127 violation conviction, you should expect a jail term of two, three, or four years. However, with your attorney’s legal assistance, you could qualify for probation instead of a jail sentence.

Filing False Police Reports

PC 118.1 makes it a crime for a peace officer to intentionally include false details in a police report. That is true even if the officer did not sign the report under the penalty of perjury or certify it as true. Here are examples of instances that could attract charges under this statute:

• A police officer indicating in his report that you had meth in your backpack, and you had no drugs
• A police officer stating in his/her report that he/she saw you with a firearm in your hand, and he/she did not

Since it is a wobbler offense, the prosecutor could file your offense as either a misdemeanor or a felony. A misdemeanor PC 118.1 violation conviction will carry the following potential sentence:

• Misdemeanor probation
• A county jail term not exceeding one year

However, when the prosecutor secures a felony PC 118.1 violation conviction against you, you should expect the following possible sentence:

• Felony probation
• Up to three years of jail sentence

What the Court Expects the Prosecution Team to Prove to Secure a Perjury Conviction Against You

A perjury conviction under PC 118 means that the prosecutor has succeeded in proving the following elements of the crime:

• You swore to testify truthfully (or face perjury)
• You willfully claimed that the information you had provided was true, though you were aware it was false
• The details were “material”
• You were aware you were under oath when making that statement
• You had the intention to testify falsely when you made that false statement

It is worth mentioning that an oath could be:

• An affirmation or any other way approved by the law
• An affirmation of a statement provided as true

Below is a brief explanation of critical terms that define this offense under PC 118:

Willfully

According to PC 118, you commit an act willfully when you do it on purpose and willingly. That means to secure a perjury conviction against you under this law, the prosecutor must prove that you willfully delivered your statement. That means you conveyed the information to someone else in writing or verbally.

Material Matter

For the court to convict you of a PC 118 violation, the prosecutor must prove that you willfully gave a statement of a material matter. The court will consider your statement to be material if:

• You used it to impact the results of the proceeding
• It had the likelihood of impacting the results of the proceeding

However, it is important to note that the court could convict you under this statute even if the details you provided did not influence or impact the proceeding.

Intent to Testify Falsely

The prosecutor must also prove that you had the criminal intent to testify falsely to secure a perjury conviction against you. That means the court cannot convict you for a PC 118 violation if you had good faith that the statement or information you provided was true.

Potential Penalties for a Perjury Charge Conviction

As mentioned in the previous paragraph, a perjury offense qualifies as a felony, meaning your sentence after conviction will be harsh and life-changing, including:

• A fine not exceeding $10,000
• Detention in the state prison for not more than four years
• Felony or formal probation

Formal probation is an alternative to serving your sentence behind bars, which allows you to serve your sentence out of custody. If you qualify for felony probation, the court will set strict terms and conditions that you must abide by during that duration, including (but not limited to) the following:

• Monthly meetings with a court-appointed probation officer
• Perform community service
• Agree not to violate any other law

Depending on the facts of your case, your probation could last for up to five (5) years. When you fail to adhere to these laws, the court will likely revoke your probation and sentence you to prison for the maximum period required for your offense violation.

Other Consequences That Could Impact Your Life After a PC 118 Violation Conviction

Unfortunately, a perjury conviction carries other life-altering consequences beyond the ones mentioned above. For instance, after a PC 118 violation conviction, the following can happen:

You Will Experience Securing Reliable Employment

Employers are reluctant to hire candidates with criminal convictions on their record, particularly for a grave felony offense, like perjury. That means securing reliable employment could be challenging with a PC 118 violation conviction on your record, even after serving your sentence and paying all your dues.

You Could Face Social Stigma

A felony PC 118 violation could cause a social stigma and discrimination, potentially impacting your professional and personal relationships.

You Could Face Challenges Finding Reliable Housing

Finding public or rental housing could be challenging if you have a conviction for a PC 118 violation on your record. In other words, you may face practical challenges renting property because many landlords consider criminal history in tenant screening.

Loss of Your Firearm Ownership Rights

According to PC 29800, it is illegal for a felon to carry, possess, buy, own, or receive a firearm. That means you will lose your firearm ownership rights after a perjury conviction because it is a felony offense.

Loss of Your Professional License

If you hold a professional practice license, your licensing board could revoke it following a conviction under PC 118. That is particularly true if you are an attorney, doctor, dentist, or architect.

How to Challenge a Perjury Charge at Trial

As you can see above, a perjury charge’s legal penalties and consequences can be life-changing. If you are under arrest or charged with a PC 118 charge, the legal assistance of a criminal defense attorney can mean the difference between a conviction and a lighter charge.

The attorney you will choose can help prepare legal defenses you can use to challenge the alleged offense and weaken the prosecutor’s case against you for the best possible outcome. Here are examples of legal defenses that could work in your favor to secure a favorable outcome:

You Had No Intention to Lie

One of the most common and effective legal defenses for challenging a PC 118 charge is to argue that your false statement or information was not willful, meaning you had no intention to deceive or mislead. Your attorney can present evidence to prove that your false statement was due to a mistake or that you had good faith that it was true.

If this legal defense argument works in your favor, the court will reduce your charge or dismiss it.

Your False Statement Had No Material Matter

Recall, for the prosecutor to secure a perjury conviction against you, he/she must prove that your statement was on a material matter. Therefore, arguing that your statement or information was immaterial is a valid and viable legal defense. If your attorney can prove that your statement was irrelevant to the results of the legal proceeding, the court could reduce or drop your charge.

You Were Not Under Oath

PC 118 only applies if you were under oath when making the statement or testifying to tell the truth. That means the court could dismiss your perjury case if your attorney can provide clear evidence to prove that you were not under oath when you provided the false information or statement.

The Prosecutor’s Evidence is Insufficient

Like any other offense, the prosecution team bears the legal burden of proving all the elements of the crime beyond a reasonable doubt using clear evidence. If that is impossible, the court could dismiss or reduce your sentence for a PC 118 violation conviction.

How to Secure an Expungement for a PC 118 Violation Conviction

Securing an expungement is an option worth considering to avoid several detrimental consequences of a PC 118 violation conviction. Expungement is a post-conviction relief option offering you a “fresh start” from your criminal history. Securing an expungement is vital to maintaining professional licenses or employment. However, not every person qualifies for an expungement.

According to PC 1203.4, you would be an excellent candidate for an expungement if:

• You have “successfully” completed your felony probation
• You do not have any current charges, are on probation, or are serving a sentence for any offense
• You did not serve your sentence in the state prison, or you would not have served time in the state prison if your offense occurred after 2011’s “Realignment” under Proposition 47

If you are still on probation following a PC 118 violation conviction, you should secure an early termination before petitioning the court to expunge your criminal record. When you violate a probation by breaching court-set terms, the judge has wide discretion regarding whether to accept your expungement request. Some of the factors the judge will consider when making a judgment on this matter include:

• The seriousness of the underlying felony conviction
• Your overall performance while on probation
• Your criminal record
• Any extra evidence that can show you deserve this post-conviction relief, including community ties and your employability

Securing an expungement is a decision you cannot regret following a perjury conviction. Here is a step-by-step guide on how to secure an expungement:

Hire an Attorney

Securing an expungement under PC 1203.4 is time-consuming, paper-intensive, and confusing. That means there are many opportunities for mistakes, which could negatively affect the outcome of your expungement petition. However, a skilled criminal defense attorney can help you avoid these errors to increase your odds of securing a favorable outcome in your case.

Fill Out Proper Forms

Your attorney will know the required forms that you ought to complete when filing your expungement petition. Filling these forms correctly is vital to securing an expungement. Additionally, your attorney will provide evidence that you must attach to your PC 1203.4 petition to increase your odds of securing a favorable outcome.

File Your PC 1203.4 Petition

After filing your forms correctly and attaching all the necessary evidence, your attorney will file your expungement petition with the court where your case trial occurred. Generally speaking, the court will respond to your expungement petition within five (5) months. Timely filing of your expungement petition is vital.

For example, you should give the prosecutor at least fifteen days’ notice before the hearing to give him/her time to review your unique case and object, if necessary.

Prepare for Your Expungement Hearing

Whether your presence is necessary during the expungement hearing depends on the facts of your unique case. Ultimately, during this hearing, a judge will decide whether you are an excellent candidate for expungement. The judge is more likely to accept your expungement petition if:

• You have no additional convictions
• You are more likely to hold employment
• You have completed any necessary community service

If the court denies your first expungement petition, your attorney can help you figure out why and re-file a new petition after six months with the necessary changes.

Find a Credible Criminal Defense Attorney Near Me

A PC 118 violation conviction can have long-lasting impacts on your life. Contacting a reliable criminal defense attorney who understands how to challenge these allegations is advisable if you are arrested or charged with a perjury offense.

We invite you to call our criminal defense attorneys at the Law Offices of Anna R. Yum at 619-493-3461 if you or a loved one is under investigation or charged with a perjury offense in San Diego.