Perjury California Penal Code 118
Penal Code 118 is defined in California as a person intentionally giving false information while they are under oath. Common scenarios that could cause perjury are 1) Testifying in court 2) Being deposed 3) Signed affidavit 4) Signed declaration 5) Signed certificate. In order to meet perjury four elements must be met. They are 1) The person had intent to make a statement 2) The person knew the statement was false 3) The person was under oath when the statement was made 4) The statement was a material fact (Material fact is defined as a fact that may dictate the outcome of the case). There are four defenses to Penal Code 118.
Defenses
The defenses to California Penal Code 118 are 1) The person reasonably believed the statement to be true 2) Insufficient evidence for the state to prove guilt 3) The person quickly corrected their statement 4) The person was not the person who committed the crime (Other people can get a hold of your name and blame it on you, this defenses does not apply when you are actually testifying in court).
Penalties
If a person is guilty of California Penal Code 118 the judge has the option to sentence the person as either a felony with a maximum of one year in country jail. The judge can also sentence the person to California State Prison for 2 to 4 years.
