Perjury Defense

common.howWeDefend Perjury Defense — Los Angeles Cases

Perjury — making a false statement under oath — is a felony in California punishable by up to four years in state prison. Prosecutors take perjury seriously because it strikes at the integrity of the judicial system. But perjury charges are also frequently overcharged, based on misremembered testimony, ambiguous questions, or statements that were technically true even if misleading. Attorney Michael P. Kade scrutinizes every element of the charge to protect your rights.

California Perjury Penalties

Penalties vary based on prior criminal history, case facts, and enhancements. This table is for general informational purposes only and does not constitute legal advice.

Elements the Prosecution Must Prove

To convict you of perjury under California Penal Code 118, the prosecution must prove all of the following beyond a reasonable doubt: (1) you took an oath or made an affirmation to tell the truth; (2) you willfully stated something you knew to be false; (3) the false statement was material — meaning it could have affected the outcome of the proceeding; and (4) you did not believe the statement to be true when you made it.

Each of these elements is contestable. Materiality is often the weakest link — if the false statement had no bearing on the outcome of the proceeding, it does not constitute perjury. Willfulness is another key battleground: a mistaken belief, a faulty memory, or a misunderstanding of the question asked can negate the required intent.

Recantation as a Defense

California law provides a limited recantation defense to perjury. If you made a false statement under oath but then voluntarily corrected it in the same proceeding — before it became clear that the falsity was about to be exposed — you may have a complete defense to perjury charges. The recantation must be voluntary and must occur before the proceeding concludes.

Attorney Kade evaluates whether recantation is available in your case and advises you on the best strategy for minimizing your exposure. In many perjury cases, the most effective approach is to challenge the materiality of the statement or the sufficiency of the evidence that you knew it was false.

common.defenseStrategies

• Challenging the materiality of the alleged false statement
• Proving lack of willful intent
• Recantation defense under California law
• Subornation of perjury defense
• False declarations under penalty of perjury
• Attacking the sufficiency of the oath or affirmation
• Negotiating reduced charges where appropriate