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?Mistake? as a Defense to Perjury

By Neil Shous, Esq.

Under Penal Code 118, a person commits perjury in California when he willfully gives false testimony while under oath. This usually happens at court proceedings or depositions, but it can also occur in affidavits or any document that?s signed under oath. To count as perjury, the false statement must be ?willful.? This means, in effect, that the perjurer knew the statement to be false but intended it to be taken as true. There must have been an intent to deceive. A person who mistakenly makes a false statement is not guilty of perjury. For example, suppose Jane testifies as an alibi witness in Paul?s murder trial. She testifies that she saw Paul in Berkeley at the time of the murder, when the murder took place in San Diego. It turns out Jane is mistaken...continue to full post

Full post as published by California Criminal Defense Blog on August 05, 2009 (boomark / email).