LOS ANGELES CRIMINAL DEFENSE LAWYER Crimes involving providing false information to the court or to a government agencies are treated very seriously in California. When such information is provided under oath, the consequences are even more severe. Despite certain protection like the Fifth Amendment, privileges of information, and immunity from prosecution as part of a negotiation with the prosecution, there are often times that individuals are called to testify in court and must answer questions truthfully despite their desires not to do so. Perjury, suborning perjury, dissuading/intimidating a witness and obstruction of justice are all illegal in California. These serious criminal offenses can carry serious consequences including jail or prison time, probation, large fines, as well as serious immigration consequences, difficulties securing employment and problems with professional licenses. If you or a loved one is facing charges for perjury, dissuading a witness, obstruction of justice, providing false documentation to a government agencies or other similar offenses in Los Angeles, contact the Law Offices of Nicholas Loncar for a Free Consultation with a Criminal Defense Lawyer. LOS ANGELES PERJURY DEFENSE LAWYER Penal Code Section 118 makes it a felony in California to deliberately give false information under oath. Perjury is punishable by up to 4 years in California state prison. Perjury does not only apply to testimony of witnesses in court, and there are many other situations where a person may be under oath, including testimony at depositions, in a sworn declaration or affidavit, and commonly applying for a driver's license at the DMV. Defenses include (1) being mistaken about the fact rather than lying, (2) not understanding the question, (3) lying about an immaterial fact, (4) not actually being under oath, (5) threats and duress, and more. Suborning perjury, PC 127, is also a felony punishable by up to 4 years in prison. A person is guilty of suborning perjury if they convince someone else to lie under oath, and then that person actually goes on to commit perjury. Bribery by or of a witness is also a felony pursuant to PC 137. LOS ANGELES USING FALSE DOCUMENTS TO HIDE CITIZENSHIP STATUS LAWYER Penal Code Section 114 makes it a felony in California to use false documents to conceal one's citizenship or resident alien status. PC 114 is punishable by up to 5 years in prison. Defenses include: lack of intent, misunderstanding, lack of knowledge, and more. This offense can include having and using fake birth certificates, social security cards, driver's licenses, ID cards and more. This charge is most commonly encountered with DMV applications for a driver's license. Now that CA has passed AB60, obtaining a driver's license from the DMV no longer requires proof of legal resident status. Accordingly, prosecutions under this section will become less frequent, and more likely applied in different scenarios. LOS ANGELES DISSUADING A WITNESS ATTORNEY Penal Code Section 136.1 makes is a crime to prevent (or attempt to prevent) a witness to or victim of a crime from reporting the crime or testifying. PC 136.1 is a "wobbler" and can be charged as a misdemeanor or felony. As a felony, it is punishable by up to 4 years in prison, and is a strike. As a misdemeanor, it carries up to a year in county jail and a 10 year firearm ban. PC 136.1 can lead to greater punishments if the crime involves force/fear, weapons, or was performed for the benefit of a criminal street gang. LOS ANGELES OBSTRUCTION OF JUSTICE LAWYER Penal Code Section 132 makes it a crime to provide false written evidence. It is a felony, punishable by up to 3 years in prison. PC 134 makes it a felony to prepare false evidence for some type of legal proceeding. PC 135 makes is a crime to destroy or conceal evidence of a crime. PC 135 is a misdemeanor, punishable by u to 6 months in jail. PC 141 makes it a crime to plant evidence. Civilians who plant evidence are guilty of a misdemeanor, while law enforcement officers who plant evidence are guilty of a felony, punishable by up to 5 years in prison. LOS ANGELES PROVIDING FALSE DOCUMENTS TO THE DMV ATTORNEY Less serious than felony perjury, Vehicle Code 20 makes it unlawful to use a false or fictitious name, or to knowingly make any false statement or knowingly conceal any material fact in any document filed with the Department of Motor Vehicles or the Department of the California Highway Patrol. VC 20 is a misdemeanor, punishable by up to 6 months in jail. If you have been arrested or charged with a criminal offense in Los Angeles, you need a dedicated, aggressive and intelligent attorney on your side to fight for you. You may have strong defenses, as well as other mitigating factors, which, if properly presented, can lead to a better outcome in your LA county criminal case. Contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney.
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Law Offices of Nicholas Loncar
1200 Wilshire Blvd
Los Angeles,
CA
90017
Phone: 213-375-3775
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