Perjury Defense Attorney

A perjury charge is a serious felony accusation that can carry substantial penalties and long-term consequences. Allegations of perjury may arise out of courtroom testimony, declarations, affidavits, depositions, or other sworn statements made under California law. Because these cases often turn on wording, intent, and materiality, they are rarely as simple as they first appear.

At the Law Office of H. Charles Gorian, we understand that perjury charges often involve disputed questions about what was said, what was meant, and whether the statement was actually false and legally material. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.

Call (951) 395-0511 today for a free and confidential consultation.

What Is Perjury Under California Law?

California Penal Code section 118 makes it a crime for a person, after taking an oath to testify, declare, depose, or certify truthfully before a competent tribunal, officer, or person, or after making a statement under penalty of perjury where permitted by California law, to willfully state as true a material matter that the person knows to be false.

That means the prosecution generally must prove more than just an inaccurate statement. In a perjury case, key issues often include:

  • whether the statement was made under oath or under penalty of perjury
  • whether the statement was actually false
  • whether the statement concerned a material matter
  • whether the defendant knew the statement was false when it was made.
judicial gavel on courtroom desk legal justice

Perjury can arise in more settings than many people realize. It is not limited to testimony in court. Sworn declarations, affidavits, depositions, and certain official written statements may also qualify if California law authorizes them to be made under oath or penalty of perjury.

Penalties for Perjury

Perjury is a felony in California. Under Penal Code section 126, perjury is punishable by two, three, or four years of imprisonment. Because perjury is treated as a serious offense involving dishonesty in an official proceeding or sworn context, a conviction may also carry other long-term consequences beyond the sentence itself, including effects on reputation, professional licensing, and credibility in later legal matters. This is an inference based on the nature of the offense and common collateral consequences discussed in secondary sources.

Common Defenses to Perjury Charges

Every perjury case depends on the facts. In many cases, the strongest defense is that the prosecution cannot prove one or more of the required elements. Possible defenses may include:

  • the defendant reasonably believed the statement was true
  • the statement was not made under oath or under penalty of perjury
  • the statement was not materially important
  • the statement was misunderstood, ambiguous, or taken out of context
  • the prosecution cannot prove the defendant knowingly made a false statement
  • false accusation or unreliable interpretation of the underlying testimony or document.

Because these cases often depend on transcripts, declarations, surrounding context, and the wording of specific questions and answers, a careful review of the record is critical.

Speak with a Perjury Defense Attorney

If you are facing perjury charges or believe you may be under investigation for perjury, it is important to seek legal advice as early as possible. A close review of the facts may reveal important defenses and weaknesses in the prosecution’s case.

The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call (951) 395-0511 today for a free and confidential consultation.