Orange County Criminal Lawyers
Perjury in Aliso Viejo
In the city of Aliso Viejo, if you deliberately give false information while under oath, you can be prosecuted for perjury. It is defined as the voluntary violation of an oath or vow or telling an untruth in court after taking an oath or affirmation. Committing perjury is such a serious offense because of how it goes in direct opposition against the foundations of the justice system which require everyone to tell the truth, the whole truth, and nothing but the truth. If you are prosecuted and found guilty of perjury, under Penal Code 118 (PC 118), you will have a criminal record and this can make it quite difficult for you to find a job or rent a place to live.
Common occurrences when you should not to lie under oath include if you are:
- Giving sworn testimony in a deposition
- Giving testimony in court
- Filling in a driver license application at the DMV
- Signing a certificate
- Signing a declaration or
- Signing an affidavit
Some of the important elements of perjury include that it must have occurred under oath. They must have made a solemn promise to someone such as a judge or another authorized official. They also must have made a statement that they know to be false and have the intentions of painting an inaccurate picture. It should be noted that statements that are inconsistent can also be categorized as perjury.Proving Perjury
There are some necessary elements that the prosecution must successfully prove if they want to charge you with perjury. These elements include:
- You knowingly made a declaration
- The declaration you made was false
- You pledged to tell the truth
- The declaration you made affected the result of a case
An example of perjury would be in a case where a witness to a robbery decides to lie and say that they saw someone hit someone in the head with a weapon in order to gain entrance into a bank while under oath and testifying in a case. However, in reality, that person was at home and not present at the time of the crime.Defenses to a Perjury Charge
If you feel that you have been wrongfully accused of perjury, it is important to hire an excellent criminal defense lawyer who can put up a good defense. Perjury is a crime that is taken very seriously and prosecuted to the fullest extent of the law in California. Some of the typical defenses a defense attorney will use to defend you include:
- Your statement was mistakenly false rather than knowingly false
- You misunderstood the question
- You were not technically under oath or
- The statement you made did not affect the outcome of the case
Generally, perjury charges are quite difficult for the prosecution to prove and it is therefore quite important under all circumstances that you have a strong defense attorney on your side to defend you in court.
If you believe you may have perjured yourself or are under investigation for offering false testimony, contact the Johnson Criminal Law Group today for help with your defense.