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Criminal defense
Long Beach DMV Perjury Defense Lawyer
Almost every DMV form is signed under penalty of perjury, which turns a paperwork mistake into a felony allegation. The gap between an error and a crime is the intent, and that is where these cases are fought. The consultation is free.
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The charge
What perjury actually requires
Penal Code 118 reaches two situations: false testimony under oath, and a written declaration signed under penalty of perjury that the signer knew was false. The second is what applies to DMV paperwork, because registration applications, transfer forms, smog and mileage certifications, non-operation statements, disabled placard applications, and change of address forms all carry that declaration above the signature line.
The elements are demanding, and this is what defensible cases are built on. The statement must have been wilfully made, the person must have known it was false at the time, and the falsehood must be material, meaning it could have affected the outcome or the decision the form was for. Perjury is a felony punishable by two, three, or four years. It is not a strike, but it is a crime of moral turpitude, which is where much of the lasting harm sits.
Sources: Penal Code 118(a) — perjury, including unsworn declarations under penalty of perjury; Penal Code 126 — perjury is punishable by imprisonment under 1170(h) for two, three, or four years; Penal Code 118a — false affidavits.
The related charges
What else gets filed with it
Perjury rarely arrives alone. Penal Code 115 makes it a felony to knowingly offer a false or forged instrument for filing or recording in a public office, and each document filed can be charged as a separate count, which is how a single transaction becomes several felonies. Vehicle Code 20 makes it unlawful to use a false or fictitious name or knowingly make a false statement to the DMV. Where a document was altered, forgery under Penal Code 470 and Vehicle Code 4463 follow.
These cases usually arise from vehicle registration and title transfers, smog certification, out-of-state registration to avoid California fees, salvage and lemon history, commercial licence applications, and disabled placards. Insurance fraud allegations are often filed alongside where a vehicle or a claim is involved.
Sources: Penal Code 115 — offering a false or forged instrument for filing in a public office; Vehicle Code 20 — false statements to the DMV; Vehicle Code 4463 — forgery or counterfeiting of registration documents; Penal Code 529 — false personation.
The defense
Where these cases fall apart
Knowledge is the most common answer. A form filled in wrongly, a question misunderstood, a box ticked without reading it closely, information supplied by a dealer, a seller, or a family member and repeated in good faith, or a genuine belief that the answer was right is not perjury. The statute requires knowing falsity at the moment of signing, and the prosecution has to prove that state of mind.
Materiality is the second, and it is frequently overlooked. A false statement that could not have affected the DMV’s decision does not satisfy the element. Many charged misstatements are immaterial details on a form whose outcome would have been identical either way.
Then: who actually signed, which matters when a dealer, a registration service, or a relative completed the paperwork; whether the signature is the client’s at all; whether the declaration language was present on the document version signed; and the ordinary search and statement issues. Because perjury is a crime of moral turpitude with immigration and licensing consequences, resolving a case as a Vehicle Code infraction or a non-dishonesty misdemeanor is frequently worth more than a reduction in the sentence.
The office
How the Law Offices of Patrick S. Aguirre handles these cases
The office has defended criminal cases in Long Beach and across Los Angeles County for nearly three decades. A DMV perjury case is a document case: the file is obtained, the version actually signed is compared with what the DMV holds, and the chain of who prepared, completed, and submitted it is established, because it is often not the person charged.
Nothing on this page predicts a result. The firm has offices in Long Beach and Downey and speaks Spanish.
Frequently asked questions
Common questions
I made a mistake on a DMV form. Is that perjury?
No. Perjury under Penal Code 118 requires that you knew the statement was false when you signed, that you made it wilfully, and that it was material to the decision. An honest error, a misunderstood question, or information you were given by someone else and passed on in good faith does not meet that standard.
Is DMV perjury a felony?
Yes. Penal Code 118 perjury is a felony punishable under Penal Code 126 by two, three, or four years. It is not a strike, but it is a crime of moral turpitude, which affects professional licensing, employment, immigration, and credibility as a witness in any later proceeding.
The dealer filled out the paperwork. Am I responsible?
Not automatically. The prosecution must prove that you knowingly made a false material statement. Where a dealership, a registration service, or a relative prepared the forms and you signed what you were handed, the knowledge element is genuinely in issue, and the documents usually show who supplied the information.
What if the false statement did not matter?
Then it may not be perjury at all. Materiality is an element: the statement must have been capable of affecting the outcome or the decision the document was for. An immaterial inaccuracy on a form does not satisfy the statute, and this is a frequently successful defense that is easy to overlook.
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Meet your attorney
Law Offices of Patrick S. Aguirre
A Professional Law Corporation
The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
We’re the legal team that never gives up. When you need an attorney who will fight for what’s right, turn to us, and we’ll do everything in our power to help. No matter how challenging your situation may seem, there is hope.
“Courage is the most important attribute of a lawyer.”
Robert F. Kennedy
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Leave your contact information and, if helpful, a short general summary. The office will follow up.
Thank you.
The office received your contact request. If your matter is urgent, call 562-904-4337.