Perjury charges strike at the integrity of the legal system itself, which is part of why California treats them as a serious felony — but the statute requires more than simply being wrong or mistaken about something said under oath. Understanding exactly what the law requires is essential to evaluating a perjury accusation.
What the Law Actually Requires
Under Penal Code § 118[1], perjury occurs when a person, having taken an oath to testify truthfully in a legal proceeding, deposition, affidavit, or similar sworn context, willfully states as true a material matter they know to be false. Perjury is a felony, punishable by two, three, or four years in state prison.
"Willfully" and "Knowingly False" Are Both Required
The statute requires that the false statement be made willfully — a deliberate act, not an accident — and that the person actually knew the statement was false at the time they made it. A mistaken recollection, a genuine misunderstanding of a question, an honest belief in something that later turns out to be inaccurate, or a good-faith estimate presented as such, doesn't meet this standard, even where the underlying testimony turns out to be wrong.
The Statement Must Be "Material"
Perjury requires that the false statement concern a "material" matter — meaning it has to actually matter to the proceeding in which it was made, not just be tangentially related. A false statement about a minor, inconsequential detail that has no bearing on the outcome of the underlying matter generally doesn't meet the materiality requirement, even if it was made under oath.
Inconsistent Statements Aren't Automatically Perjury
Testifying differently on two separate occasions doesn't, by itself, establish perjury — the prosecution must still prove which statement (if either) was knowingly false at the time it was made, and that the person understood the falsity when they spoke. Memory can genuinely change or improve between two occasions, understanding of a question can differ, and a witness's account can be legitimately refined without either version constituting a deliberate lie.
Perjury Requires Independent Corroboration in California
Under long-standing California evidentiary rules connected to the perjury statute, a perjury conviction generally cannot rest on the testimony of a single witness alone — there must be some independent corroborating evidence supporting the claim that the statement was false, which adds an additional evidentiary hurdle the prosecution has to clear beyond what's required for most other criminal charges.
Subornation of Perjury Is a Separate, Related Charge
Beyond perjury itself, California separately criminalizes procuring or persuading another person to commit perjury — meaning both the person who testifies falsely and a person who induced that false testimony can potentially face criminal liability, each requiring the prosecution to independently establish the required knowledge and intent.
How Perjury Cases Move Through San Bernardino County Courts
A perjury charge arising from a matter in Chino Hills is arraigned at the Rancho Cucamonga Justice Center[2]. Given the felony-level severity of these charges, the case proceeds through a preliminary hearing, where the corroboration requirement and materiality of the alleged false statement are often central issues.
Questions about your case? Call (323) 622-4951. Free, confidential, 24/7.
What a Perjury Defense Typically Examines
- Whether the prosecution has independent corroborating evidence, beyond a single witness's account, that the statement was actually false
- Whether the statement genuinely concerned a material matter in the underlying proceeding
- Whether the accused actually knew the statement was false at the time it was made, as opposed to being mistaken or genuinely uncertain
- Whether inconsistent statements reflect a deliberate lie or a legitimate change in recollection or understanding
Frequently Asked Questions
Can I be charged with perjury for simply being wrong about something I testified to?
No — perjury requires that you knew the statement was false at the time you made it. An honest mistake, faulty memory, or genuine misunderstanding doesn't meet this standard.
Does one witness's account that I lied automatically prove perjury?
No — California law requires independent corroborating evidence beyond a single witness's testimony to support a perjury conviction, which is a higher evidentiary bar than most other criminal charges.
Is testifying inconsistently on two occasions automatically perjury?
No — the prosecution still has to prove which statement, if either, was knowingly false when made. Legitimate changes in memory or understanding don't automatically establish a deliberate lie.
Facing a Perjury Charge in Chino Hills or San Bernardino County?
Whether the prosecution can actually meet the corroboration and knowledge requirements is usually the central issue in these cases. The Cespedes Law Firm, L.C. is headquartered in Chino Hills and represents clients in English and Spanish throughout California. Call (323) 622-4951 for a free consultation.
This page is provided for general information only and is not legal advice. Contact our office to discuss the specifics of your case.
