Orange County Criminal Lawyers
Perjury (PC 118) in Anaheim
In the city of Anaheim, as in the state of California, deliberately giving a false statement while under oath is a crime. The crime of perjury can also be defined by its four main elements which include:
- A deliberate statement
- Knowledge that the statement is false
- Being under oath to tell the truth at the time of the false statement and
- The statement is a material fact or is related to a material fact
In Anaheim, there are several ways a person can commit perjury. Some common examples include:
- Deliberately providing false information on a driver's license application
- Deliberately providing false information when declaring your taxes
- Deliberately declaring, when testifying, that you believe something to be true when you don’t honestly believe it to be true
- Deliberately providing information that is false after acknowledging you are under oath to provide the truth
An example of an instance of perjury would be a woman named Jane being called to testify under oath that she saw the suspect for the crime of murder being at the place the victim was at during the time the victim was there. Jane was able to give a detailed description of her encounter with the suspect and how the suspect was continuously following the victim around. However, in reality, there is security camera footage and other evidence that clearly indicated that the suspect was at another location during the time that Jane said she saw her. A defense that could be used in this case in Jane’s favor would be that she legitimately thought that she saw the suspect at that certain time and place and had no intentions of misleading the court, because she though that the testimony she was giving was true. Another defense for perjury is that the witness testifying only made the false statement(s) because they were being threatened with something serious by another party. In this case, Jane could have made the argument that an unknown man came up to her while she was in a parking lot and threatened to have her and her family seriously hurt if she did not testify to the court that the suspect was with the victim at a certain time and at a certain place, even if that is not the truth.Punishment and Penalties for Perjury
Under California Penal Code 118, perjury is a felony and is therefore a serious offense. If you are convicted of perjury, the judge has the discretion to punish you with the following penalties:
- A fine of up to $10,000
- Felony probation with up to 1-year in county jail
- 2-years, 3-years or 4-years in county jail or
- Death or life imprisonment for aggravated perjury (perjury that causes an adverse effect on someone else, including someone being wrongly convicted.)
When deliberating on the punishment and the penalties to render, the judge will consider the offender's past criminal record and the circumstances of the crime.
It is important to call an accomplished criminal attorney to defend your case and help you fight these charges.
Perjury is a crime of moral turpitude that will follow you for life. A good defense of this charge is essential to keeping your reputation. Call the Johnson Criminal Law Group now if you think you may have perjured yourself.Westminster Lawyer for Domestic Violence Defense
If you've been charged with domestic violence in the City of Westminster, you need to call Westminster criminal defense attorney Lauren K. Johnson at (949) 622-5522 as soon as possible.
Even when an alleged victim steps forward and admits that he or she wasn't a victim of domestic violence, the prosecuting attorney will often still try to convict you. The prosecutor may have a domestic violence expert testify at your trial and say "That victims of violence who say it didn't happen are often lying, because to protect the accused abuser is a predictable part of a victim's behavior."
.Unfortunately, there are more false accusations in domestic violence cases than there are in any other type of criminal offense cases. In the heat of an angry argument, one spouse or partner may feel powerless and simply pick up the telephone to call 911. Another example of a circumstance where one party would falsely accuse the other of domestic violence would be an instance involving child custody. Say, for instance, John and Jane were engaged in an intense custody battle for their child. Jane, in an effort to try and gain more time and custody with their child than John, falsely accuses him of domestic violence to make him seem like a dangerous individual not capable of spending time with their child and providing the appropriate care. That would leave Jane with more time to spend with their child and more rights. Another example of a situation where someone would accuse the other of domestic abuse would be an attempt to get back at the other. For example, two people that are in a relationship are suddenly locked in a disastrous fight. One party decides that in order for the other to understand how she feels, she should accuse the other party of domestic violence so that she can get the satisfaction of knowing that the other party is suffering in the midst of their fight. In order to provide evidence of the domestic abuse, she shows the court injuries that had apparently come from a violent physical altercation between the two of them.
Accomplished criminal trial lawyer Lauren K. Johnson can reveal the motives of a false accuser and convince a jury to look fairly at all of the facts. She knows how to disprove faulty claims made by a domestic violence expert that a victim's story can't be trusted.
If you are facing these charges in our area, you want Westminster domestic violence attorney Lauren K. Johnson on your side.
Building a defense strategy for domestic violence charges is not often easy, but it can be done if your attorney has the proper knowledge and experience to prove your innocence. Contact the Johnson Criminal Law Group at (949) 622-5522 to learn more about domestic violence, and what she can do to help you avoid a conviction.