Description

Perjury is to willingly give false information when testifying in court, when being deposed, in a signed affidavit, in a signed declaration, in a DL 44 drivers license application at the DMV, or in a signed certificate. The legal definition of Perjury is a person who, having taken an oath that he or she will testify declare, depose or certify truly, before any competent tribunal, officer, or person, willfully and contrary to the oath, states as true any material matter which he or she knows to be false.

What does the prosecutor have to prove?

1. Defendant knowingly took an oath to testify or declare truly before a competent tribunal.
2. The testimony or declaration was given or made in circumstances in which an oath may by law be administered.
3. Defendant willfully stated as true, matter which was false.
4. Defendant knew the statement was false.
5. The false statement was material.
6. Defendant had the specific intent to testify or declare falsely under oath. [PC 118(a)]

Punishment

Felony: 2years/3years/4years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No