 San Diego Perjury Lawyer
Crimes that involve providing false information while under oath (whether in court or in other communication with government agencies) are treated very seriously in San Diego, under California law. Providing false information to police or other government agencies is also a crime and is aggressively prosecuted in San Diego. The most serious offenses involve lying under oath and otherwise undermining the integrity of the court process: perjury, suborning perjury, dissuading a witness, intimidating a witness, and obstruction of justice. Providing false information to police, filing a false report or lying while not under oath are also criminal acts, but are generally treated as misdemeanors, not felonies. Perjury is always a felony, and dissuading a witness can be a "strike" under California's Three Strikes Law. All of these crimes involving dishonesty can carry serious consequences, including time in jail or prison, probation, fines, immigration consequences and loss of employment/professional licensing. Crimes involving moral turpitude (crimes of dishonesty, or "crimen falsi") are a special category of crime, a conviction of which it is vital to try to avoid.
If you or a loved one has been arrested or charged with perjury, dissuading a witness, intimidating a witness, filing a false report, providing false documents to the DMV or must testify in the future and is concerned about how the testimony could expose possible criminal liability, you need a passionate, aggressive, experienced San Diego criminal defense attorney on your side to protect your rights and your liberty. Call now for a Free Consultation. 619-550-4422. SAN DIEGO PERJURY DEFENSE LAWYER Pursuant to PC 118, California Law makes it a felony to intentionally provide false information under oath. This most typically applies to false statements made on the witness stand in court, but can also apply to testimony at depositions, sworn declarations or affidavits, and applications with the DMV and other government agencies. There are many defenses to perjury including: the statement was not false, the statement was not known to be false when made, the question was not understood, the answer was misunderstood, the lie was regarding an immaterial fact, the person was not actually under oath, the person was threatened or under duress and more. Suborning perjury is the act of getting another person to lie under oath and is also a felony under California Law, pursuant to PC 127. This can be done by parties to a lawsuit, criminal defendants, and even attorneys who call witnesses to the stand knowing that the testimony will be false. Bribery by a witness or of a witness is also a felony under California Law, pursuant to PC 137. Those convicted of Perjury or suborning Perjury are punishable by two, three or four years in prison. SAN DIEGO DEFENSE LAWYER FOR FALSE DOCUMENTS TO HIDE CITIZENSHIP STATUS California has a large population of undocumented immigrants. Though recently laws have passed to allow those without proof of legal status to obtain certain government benefits, it is a serious crime to present false documents to a government agency to obtain employment licenses, drivers licenses, etc. Pursuant to PC 114, it is a felony to use any false documents to conceal citizenship or resident alien status. The false documents are often falsified birth certificates, social security cards, drivers licenses, state ID cards, among others. Those convicted under PC 114 face up to 5 years in prison. SAN DIEGO DISSUADING A WITNESS AND INTIMIDATING A WITNESS DEFENSE California Law treats any efforts to keep a witness from testifying very seriously. These offenses include dissuading a witness pursuant to PC 136.1 and bribing a witness pursuant to PC 137. Defenses include: false accusations, misunderstandings, mistaken identity and more. PC 136.1 is a "wobbler" meaning that it may be charged as a misdemeanor or as a felony. If a felony, dissuading a witness is also a "strike" under California's Three Strikes laws. As a misdemeanor, dissuading a witness carries up to one year, while as a felony, it is punishable by up to four years. Additionally, there can be enhanced penalties if the offense involved the use of a firearm or other weapon or if the act was committed by a gang member for the benefit of the gang. SAN DIEGO OBSTRUCTION OF JUSTICE LAWYER Obstruction of justice is a broad term that is often applied to a variety of conduct concerning criminal investigations and court proceedings. Proving false written evidence, pursuant to PC 132, is a felony, punishable by up to three years. Preparing false evidence for any legal proceedings is also a felony, pursuant to PC 134. Destruction of evidence or concealing evidence of a crime is a misdemeanor, pursuant to PC 135. Planting evidence is also a crime pursuant to PC 141. If committed by a police officer, planting evidence is a felony, punishable by up to 5 years. SAN DIEGO PROVIDING FALSE DOCUMENTS TO THE DMV ATTORNEY Treated much less seriously than lying under oath (perjury), VC 20 makes it a crime to use a fictitious or false name or to knowingly make any false statements in a document filed with the DMV or California Highway Patrol. Providing false documents to the DMV is a misdemeanor, punishable by up to 6 months in county jail. SAN DIEGO FILING A FALSE REPORT ATTORNEY Knowingly making a false report of a crime (felony or misdemeanor) is a serious crime in San Diego and under California law, pursuant to PC 148.5. Law enforcement officers, prosecutors and the courts are very aggressive in their prosecution and sentencing of such crimes. If the false report leads to the arrest of an innocent person, the false report will be punished even more harshly. Filing a false report is a misdemeanor in California and is punishable by up to six months in county jail, a fine of as much as $1000, and a term of probation of up to 5 years. There are many defenses in these cases including that the statement was not false or not known to be false when made. SAN DIEGO FALSE STATEMENTS TO A PEACE OFFICER Making a false statement to a peace officer is a broad crime that can cover a wide range of statements to law enforcement. From simply denying speeding, all the way up to filing a false report, making any false statements to police with the intent to defraud is a misdemeanor, punishable by up to six months in county jail, a fine of up to $1000 and up to five years probation. Like with filing a false report, the government must not only prove that the statement was false, but that it was known to be false when made. This is a difficult burden for the government to meet, but asserting the defenses will still require effective, aggressive representation from your attorney. SAN DIEGO FALSE REPORT OF A STOLEN VEHICLE ATTORNEY Though any false statement to police, and any false report of a crime are both already crimes in California, the California Vehicle Code (VC) provides for a separate crime in cases involving a false report of a stolen vehicle. A false report of a stolen vehicle is common, often to deflect liability for an accident, DUI, hit and run, or as part of a more serious insurance fraud course of action. VC 10501 is generally a misdemeanor, but can be filed as a felony if the defendant has a prior conviction for the same offense. If you or a loved one has been arrested, charged with a crime or is under investigation for a crime relating to perjury or other false statements, you need a passionate, experienced, detail-oriented attorney who knows the law and how to best fight for you. Contact us now for a FREE CONSULTATION with a San Diego criminal defense attorney. 619-550-4422.
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