April 19

Perjury Law Penal Code 118



Perjury Law

Perjury is defined as giving false information while under oath. There are four requirements to prove that you were committed said crime. You must actually make the statement, or used silence as a substitute for the statement. You knew that the information you gave was false. You must have been under an oath to tell the truth when you made the false statement. And the statement was used to affect a possible outcome. You can be charged for said crime when signing documents. In these written formats you may have written false information on to gain benefits. Another possible way to be charged with perjury is in court. When in court you can be charged with it if you are testifying in court and you provided false information.Perjury

Subornation of perjury

A offense that goes hand in hand with perjury is subornation of perjury. This is defined as convincing another person to commit perjury. The person who convinced the other to commit perjury will be charged with subornation of perjury. The person who lied will be charged with actual perjury.

Punishments for Perjury law

The crime is a straight felony, and the judge can either sentence you to either a felony probation along with a year in jail or state prison for up to four years. The judge has discretion on the outcome of the punishment so the judge will most likely consider earlier criminal records  and the circumstances of the case. If the perjury or subornation of perjury leads to the conviction and death to another then you will be charged with aggravated perjury that is punishable by death or life in prison without parole.

Defending against perjury Law

You can defend against the crime if there was a mistake or misunderstanding. If you said false information but did not do it willfully due to lack of understanding then the crime is not committed. Another defense is the lack of insufficient evidence to prove that the statement was false. However if the statement does not make sense and the jury believes it is false then the defense fails.

Mistakes are natural and can be just a simple misunderstanding. Having an attorney back you up can be crucial to fighting these cases.

About the author 

Hieu Vu

“To the client, every angle is important, there’s a number of questions, and each person also have their own worries. Some will need a person to listen to them. At the end of the day, it’s more than just delivering legal results. I put a 110% into every person I work. I strive to make sure everyone knows what is going on and is kept in the loop as the case goes on. The practice of law is more than just getting the results in court.” -Hieu Vu

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