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