Perjury Lawyers in San Diego (PC 118)

Perjury under PC 118 is always a felony, carrying up to 4 years in state prison. Our San Diego defense lawyers challenge every element of the prosecution’s case. Call 24/7.

A perjury charge in San Diego changes everything overnight. Most people facing this charge never imagined being in this situation. You signed a declaration during a custody dispute. You answered questions under oath in a deposition. You submitted an application under penalty of perjury without double-checking every detail. Now the prosecution is treating a statement you made, possibly months or even years ago, as a felony.

The circumstances that lead to perjury charges are rarely black and white. A misremembered date. A question you interpreted differently than the prosecutor now claims you should have. A statement in a family court filing that your ex is using against you. An insurance form you filled out under stress. These are the situations we see, and the people behind them are not career criminals.

Charges are accusations, not convictions. The prosecution still has to prove every element beyond a reasonable doubt, and perjury has some of the most demanding proof requirements in California criminal law, including a corroboration rule that limits the evidence the state can rely on.

The fear and uncertainty you’re feeling right now are completely understandable. What matters now is the defense you build. At David P. Shapiro Criminal Defense Attorneys, we’ve defended clients charged with perjury throughout San Diego County, from statements made in family court to declarations filed with government agencies. As experienced San Diego criminal defense lawyers handling other charges, we know how these cases are built, and we know how to take them apart.

The prosecution has already decided to pursue this. Evidence fades. Witnesses forget. The window for the strongest defense is now.

Quick Reference: PC 118 Perjury

Element	Details
Classification	Felony (always)
Standard Sentence	2, 3, or 4 years in state prison
Probation	Felony (formal) probation possible at court’s discretion
Fine	Up to $10,000
Strike Offense	No
Corroboration Requirement	Cannot be proven by testimony of a single witness alone
Statute of Limitations	Generally 3 years from the date of the false statement

What Is Perjury Under California Law?

So what exactly is perjury? Penal Code Section 118 defines it as willfully stating as true any material matter that you know to be false, while under oath before a competent tribunal or officer, or in any document certified under penalty of perjury.¹

Now that’s the legal language. Let’s break down what that actually means in plain English.

Perjury is not just lying in a courtroom. It covers any false statement made under oath or under penalty of perjury, anywhere California law permits such oaths or certifications. That includes testimony at trial, statements during depositions, declarations filed in family court, applications submitted to government agencies, insurance claim forms, DMV documents, and tax filings.

There are two critical concepts that determine whether a false statement rises to the level of perjury:

“Willfully” means you made the false statement deliberately and intentionally. A genuine mistake, a lapse in memory, or confusion about what was being asked is not perjury. The prosecution has to prove you knew the statement was false when you made it.

“Material” means the false statement must relate to something of consequence in the proceeding or matter. It does not need to have actually changed the outcome. It only needs to have been capable of influencing it.² A lie about something trivial or completely irrelevant to the proceeding is not perjury, even if it was intentional.

Why does this matter for your defense? Because if the prosecution cannot prove both willfulness and materiality, the charge fails. Every element creates a potential avenue for defense.

What Must the Prosecution Prove?

Here’s what the prosecution is up against. To convict you of perjury under PC 118, they must prove ALL of the following elements beyond a reasonable doubt:³

1. You took an oath to testify truthfully before a competent tribunal, officer, or person, OR you signed or submitted a document certified under penalty of perjury.

The prosecution has to establish that you were actually under a legally valid oath or that the document you signed was properly certified under penalty of perjury. If the oath was not properly administered, or if the document lacked the required penalty of perjury language, the charge can fail on this element alone.

2. You willfully stated that information was true.

This means you made the statement deliberately, not by accident or under circumstances where you had no opportunity to consider what you were saying. The word “willfully” carries real weight here.

3. The information was false.

The prosecution must prove the statement was actually untrue. This sounds straightforward, but it often is not. Statements that are literally true but arguably misleading, or statements that are true under one reasonable interpretation of the question, do not constitute perjury.

4. You knew the information was false when you made the statement.

This is typically where the battle is fought. The prosecution must prove you had actual knowledge that what you were saying was untrue at the moment you said it. Honest belief, faulty memory, confusion about the question, or reliance on incorrect information from someone else all negate this element. We can, and will, challenge the prosecution’s ability to prove your state of mind if the facts support a position to do so.

5. The information was material to the issue, question, or matter at hand.

The false statement must have been capable of influencing the outcome of the proceeding.⁴ A false statement about something irrelevant or collateral does not meet this threshold, regardless of whether you knew it was false.

The Corroboration Rule: A Unique Evidentiary Hurdle

Now here’s something that makes perjury cases different from almost every other crime in California. Under Penal Code Section 118(b), perjury cannot be proven solely by the contradictory testimony of a single witness.⁵ The prosecution needs either the testimony of two witnesses or the testimony of one witness plus independent corroborating evidence.

What does that look like in practice? It means if the only evidence that your statement was false is one other person saying “that’s not true,” the prosecution does not have enough. They need more. This is a significant evidentiary hurdle, and it is one of the most powerful tools in defending perjury cases.

The burden is on the prosecution to prove all of this. Beyond a reasonable doubt. That’s a high bar, and it is even higher in perjury cases because of the corroboration requirement.

Common Contexts for Perjury Charges in California

One of the most important things to understand about perjury is that standalone perjury charges are relatively uncommon. The San Diego District Attorney’s Office generally requires strong corroborating evidence before filing, and most perjury charges arise in specific, identifiable contexts. Understanding where these charges come from helps you understand how to fight them.

Family Law Proceedings

This is one of the most common sources of perjury charges in San Diego. Custody disputes, divorce proceedings, and restraining order applications all involve declarations signed under penalty of perjury. When one party accuses the other of making false statements in those declarations, perjury investigations can follow. These cases are often complicated by the emotional dynamics of the underlying dispute, and the line between a genuine disagreement about facts and a provably false statement is frequently blurred.

Insurance Claims

Filing a false insurance claim under penalty of perjury can trigger perjury charges. The San Diego DA’s Insurance Fraud Division actively investigates these cases. Claims involving inflated damages, staged accidents, or misrepresented facts are common triggers.

Government Applications and Forms

DMV applications, permit applications, and other government forms signed under penalty of perjury can form the basis of perjury charges if the information provided is later determined to be false.

Courtroom Testimony and Depositions

The scenario most people think of when they hear “perjury”: lying while testifying under oath. This includes testimony at trial, preliminary hearings, depositions, and grand jury proceedings.

Police Reports and Declarations

Statements made in sworn declarations or reports, particularly in the context of criminal investigations, can lead to perjury charges when the statements are later contradicted by evidence.

The reality of the situation is that perjury charges often emerge from disputes where both sides have very different versions of events. That does not automatically make either side a perjurer.

Penalties and Consequences

Perjury is a straight felony in California. There is no misdemeanor version. Let’s walk through what you’re actually facing.

Prison Sentence

Under Penal Code Section 126, perjury carries a sentence of 2, 3, or 4 years in state prison.⁶ The court may also grant felony probation with up to one year in county jail, depending on the circumstances of the case and your criminal history.

Fines can reach up to $10,000, and the court may impose additional conditions as part of probation, including community service and restitution.

Aggravated Perjury (PC 128)

In the most extreme circumstances, if perjury testimony directly leads to the execution of an innocent person, the penalty escalates to life imprisonment without the possibility of parole.⁷ While this provision is rarely invoked, it underscores how seriously California law treats false testimony.

Collateral Consequences

For many people charged with perjury, the collateral consequences are more devastating than the prison sentence itself. Perjury is a crime of moral turpitude, and that designation carries consequences that extend far beyond the courtroom.

Professional Licenses: A perjury conviction can be career-ending for licensed professionals. Attorneys face automatic State Bar proceedings that can result in disbarment. Medical professionals, nurses, teachers, law enforcement officers, accountants, and real estate agents all face potential license revocation or denial. Licensing boards treat perjury as a direct reflection on honesty and trustworthiness, which are core requirements for most professional licenses.

Immigration Consequences: Perjury is classified as a crime of moral turpitude under federal immigration law. For non-citizens, a conviction may trigger deportation, render you inadmissible for reentry, or result in denial of naturalization.⁸ If you are not a U.S. citizen, the immigration consequences of a perjury conviction can be more severe than the criminal sentence itself.

Firearm Rights: A felony perjury conviction results in a lifetime prohibition on owning or possessing firearms under both California and federal law.⁹

Employment and Housing: A felony conviction for a crime involving dishonesty creates significant barriers. Background checks will reveal the conviction, and employers in positions requiring trust, security clearances, or fiduciary responsibility will view a perjury conviction as disqualifying.

Government Service: A perjury conviction disqualifies you from holding public office in California and permanently disqualifies you from jury service.

Future Credibility: Perhaps the most lasting consequence: a perjury conviction can be used to impeach your testimony in any future legal proceeding. Any time you testify under oath for the rest of your life, the opposing side can tell the jury you were convicted of lying under oath.

Defense Strategies for Perjury Charges

Perjury cases are defensible, and they are defensible in ways that many other felonies are not. The prosecution faces unique evidentiary challenges, and the elements of the offense create multiple avenues for a strong defense. Let’s walk through the approaches we consider when building a defense.

Honest Belief and Lack of Knowledge

The most powerful defense in any perjury case. Perjury requires the prosecution to prove you knew the statement was false at the time you made it. If you honestly believed what you said was true, even if it turned out to be objectively incorrect, there is no perjury.

What does that look like? Faulty memory. Confusion about dates, times, or details. Reliance on information someone else provided to you. Misunderstanding a question. All of these negate the knowledge element. The prosecution has to get inside your head and prove what you knew at the moment you spoke or signed. That is an extraordinarily difficult burden to meet.

Ambiguity of the Question

This is a defense that almost no one outside the legal profession understands, and it is remarkably effective. If the question you were asked was vague, ambiguous, or susceptible to more than one reasonable interpretation, your answer may be literally true under one interpretation, even if the questioner intended something different.

Courts have long recognized that a defendant cannot be convicted of perjury based on an answer that is literally true but arguably unresponsive.¹⁰ The prosecution must show you understood the question the way they now claim you should have understood it, and that you deliberately gave a false answer. If the question itself was unclear, that burden becomes very difficult to carry.

Immateriality

The false statement must have been material, meaning it could have influenced the outcome of the proceeding. If the statement concerned something trivial, tangential, or irrelevant to the matter at hand, it does not constitute perjury regardless of whether you knew it was false.

We analyze every allegedly false statement in the context of the proceeding where it was made. If the statement had no bearing on the outcome, the materiality element fails.

Insufficient Corroboration

This is the defense built directly into the statute. Under PC 118(b), the prosecution cannot prove perjury solely through the contradictory testimony of one other person.¹¹ They need two witnesses or one witness plus independent corroborating evidence.

In practice, many perjury cases boil down to “he said/she said” disputes, particularly in family law contexts. If the prosecution’s case rests primarily on one person’s word against yours, that is not enough. We examine the prosecution’s evidence to determine whether they have met this heightened corroboration standard, and we challenge their evidence when they have not.

Recantation and Correction

If you corrected the false statement before it substantially affected the proceeding, this can serve as a powerful defense or significant mitigating factor. Timely correction of testimony undermines the prosecution’s ability to prove willfulness and can demonstrate that any false statement was the product of mistake rather than deliberate deception.

Coercion or Duress

If you were threatened, pressured, or coerced into providing false testimony, that constitutes a complete defense. This is particularly relevant in cases involving domestic violence situations, gang-related cases, or any scenario where a witness was pressured to lie under oath to protect someone else or avoid retaliation.

Procedural Deficiencies

The prosecution must prove the statement was made under a legally valid oath or in a document properly certified under penalty of perjury. If the oath was not properly administered, if the person administering the oath lacked authority, or if the document was missing the required penalty of perjury certification, the charge can fail on this technical but critical element.

Related Charges: Understanding the Differences

Perjury is often charged alongside or confused with several related offenses. Understanding the distinctions matters for your defense.

Subornation of Perjury (PC 127)

Subornation is the crime of procuring or inducing another person to commit perjury.¹² If you are accused of convincing someone else to lie under oath, you could face subornation charges carrying the same 2, 3, or 4 year sentence as perjury itself.

Filing False Documents (PC 115)

Filing forged or false documents with a government office is a wobbler offense, meaning it can be charged as a misdemeanor or a felony.¹³ Unlike perjury, PC 115 does not require that the document be signed under penalty of perjury, only that it be filed with a public office. Cases involving forged documents may also overlap with forgery charges under PC 470.

Preparing False Evidence (PC 134)

Preparing false evidence with the intent to produce it in a legal proceeding is a separate felony carrying 16 months, 2, or 3 years in state prison.¹⁴ This charge focuses on the preparation of false evidence rather than the act of testifying falsely.

Filing a False Police Report (PC 148.5)

Making a false report to a police officer is a misdemeanor.¹⁵ This charge does not require an oath or penalty of perjury certification, which makes it a less serious but more easily provable offense than perjury.

Offering False Evidence (PC 132)

Knowingly offering false evidence in a legal proceeding is a felony.¹⁶ This charge applies to presenting fabricated documents, objects, or other evidence rather than making false oral or written statements.

The prosecution sometimes files multiple related charges arising from the same set of facts. Understanding which charges you face and how they differ is essential to building the right defense strategy. Perjury charges may also arise alongside allegations of obstruction of justice or dissuading a witness, particularly when the false statement was made to protect someone or interfere with an investigation. In cases where a defendant is accused of violating a court order in addition to lying under oath, contempt of court charges may also be filed.

Facing Perjury Charges in San Diego?

Perjury cases turn on what you knew, what you meant, and whether the prosecution can actually prove it. These are not straightforward cases for the state to win. The corroboration requirement, the knowledge element, and the materiality standard all create real obstacles for the prosecution. We’ve defended clients facing perjury charges arising from family court declarations, insurance investigations, government applications, and courtroom testimony. We know how to challenge the prosecution’s assumptions about what you knew and what you intended.

The bottom line is this: you’re entitled to a defense that matches the seriousness of what you’re facing, and these charges are defensible. The sooner we start, the more options you have.

Call us 24/7 for a consultation. We’ll review the facts of your case, explain exactly what you’re up against, and start building your defense immediately.

References

1. 1. Penal Code, § 118 [“Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false… is guilty of perjury.”]↑ Penal Code, § 118 [“Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false… is guilty of perjury.”]
2. 2. See CALCRIM No. 2640 [Perjury].↑ See CALCRIM No. 2640 [Perjury].
3. 3. See CALCRIM No. 2640 [Perjury].↑ See CALCRIM No. 2640 [Perjury].
4. 4. See CALCRIM No. 2640 [Perjury].↑ See CALCRIM No. 2640 [Perjury].
5. 5. Penal Code, § 118 [“Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false… is guilty of perjury.”]↑ Penal Code, § 118 [“Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false… is guilty of perjury.”]
6. 6. Penal Code, § 126 [Punishment for perjury].↑ Penal Code, § 126 [Punishment for perjury].
7. 7. Penal Code, § 128 [Perjury causing execution of innocent person].↑ Penal Code, § 128 [Perjury causing execution of innocent person].
8. 8. See Immigration and Nationality Act, § 212(a)(2)(A)(i) [Crimes involving moral turpitude].↑ See Immigration and Nationality Act, § 212(a)(2)(A)(i) [Crimes involving moral turpitude].
9. 9. Penal Code, § 29800, subd. (a)(1) [Felon prohibited from owning or possessing firearm].↑ Penal Code, § 29800, subd. (a)(1) [Felon prohibited from owning or possessing firearm].
10. 10. See Bronston v. United States (1973) 409 U.S. 352.↑ See Bronston v. United States (1973) 409 U.S. 352.
11. 11. Penal Code, § 118 [“Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false… is guilty of perjury.”]↑ Penal Code, § 118 [“Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false… is guilty of perjury.”]
12. 12. Penal Code, § 127 [Subornation of perjury].↑ Penal Code, § 127 [Subornation of perjury].
13. 13. Penal Code, § 115 [Filing false or forged documents].↑ Penal Code, § 115 [Filing false or forged documents].
14. 14. Penal Code, § 134 [Preparing false evidence].↑ Penal Code, § 134 [Preparing false evidence].
15. 15. Penal Code, § 148.5 [Filing false police report].↑ Penal Code, § 148.5 [Filing false police report].
16. 16. Penal Code, § 132 [Offering false evidence].↑ Penal Code, § 132 [Offering false evidence].