Criminal Defense for Attorneys Accused of Crimes in California

As legal professionals, we dedicate our careers to upholding justice, protecting our clients, and navigating the complexities of the legal system. However, even attorneys can sometimes face criminal accusations, including charges like ethical misconduct, fraud, obstruction of justice, or perjury under California’s Penal Code. Such allegations may carry serious consequences, from criminal prosecution and hefty fines to incarceration and disbarment, along with significant damage to one’s reputation and well-being. If you or a colleague is accused, it’s crucial to understand the charges and explore possible defenses. Here’s a look at common criminal offenses attorneys in California may encounter.

Penal Code § 118 – Perjury

Perjury is the crime of knowingly making false statements under oath in a court proceeding, deposition, or official affidavit. This offense can apply to an attorney if they provide false testimony or submit falsified legal documents. A conviction carries a felony penalty of up to four years in state prison.

Common Defenses:

Lack of Intent: The prosecution must prove intentional deception; misunderstandings, memory lapses, or unintentional misstatements do not meet the legal standard.

Ambiguity in Statements: If a statement was vague, unclear, or open to interpretation, it may not qualify as perjury.

Recantation: Under certain conditions, recanting a false statement before it significantly impacts the case may be a valid defense.

Penal Code § 132 – Offering False Evidence

An attorney can be charged under this statute if they knowingly introduce forged or altered evidence into a legal proceeding. This includes submitting false witness statements, doctored contracts, or any other fraudulent material intended to mislead the court. A felony conviction under this law carries up to three years in state prison.

Common Defenses:

Lack of Knowledge: If the attorney was unaware that the evidence was fraudulent, they cannot be held criminally responsible.

Procedural Violations: If law enforcement improperly gathered evidence against the attorney, it may be excluded under California’s exclusionary rule.

No Material Impact: If the alleged false evidence did not have a substantial effect on the case, it may weaken the prosecution’s argument.

Penal Code § 134 – Preparing False Evidence

This offense is broader than Penal Code § 132, as it covers not only presenting fraudulent evidence but also preparing it for future use. An attorney may face charges if they draft misleading contracts, falsify client affidavits, or alter discovery materials with the intent to deceive. This is a felony punishable by up to three years in prison.

Common Defenses Against Preparing False Evidence Charges:

Lack of Intent: The prosecution must prove that the document or evidence was intentionally falsified to be used in a legal setting.

Clerical or Administrative Errors: Mistakes in legal documents or contracts do not constitute criminal conduct if there was no fraudulent intent.

Insufficient Evidence: If the state lacks strong proof that the attorney actively participated in falsifying the evidence, the case may be dismissed.

Penal Code § 136.1 – Witness Intimidation

It is illegal to threaten, coerce, or pressure a witness not to testify, change their testimony, or avoid appearing in court. Attorneys may face this charge if they attempt to dissuade a witness—even their own client—from participating in legal proceedings.

Witness intimidation can be a misdemeanor or felony, depending on the severity of the threat. A felony conviction can result in up to four years in state prison.

Common Defenses:

No Threat or Coercion: Advising a client about the risks of testifying is not the same as intimidation. The prosecution must prove that an attorney used force or threats.

First Amendment Protection: Some communications may be protected free speech, especially if they involve legal advice rather than coercion.

False Allegations: A disgruntled opposing party or witness may falsely claim intimidation to gain a strategic advantage.

Penal Code § 137 – Bribery of a Witness

An attorney who offers, gives, or agrees to provide money or any other benefit to a witness in exchange for favorable testimony can be charged with bribery. This applies even if the witness never follows through with the deal. A felony conviction carries up to four years in prison.

Common Defenses:

Lack of Quid Pro Quo: The prosecution must prove a direct exchange of benefit for altered testimony. Simply providing financial assistance to a client or witness is not necessarily bribery.

No Criminal Intent: If an attorney genuinely provided compensation for legitimate reasons (e.g., covering travel expenses for a witness), the case may lack criminal intent.

Penal Code § 92 & § 93 – Bribery of Judges and Jurors

Offering money, gifts, or favors to judges or jurors in an attempt to sway a case outcome is a felony offense in California. Even an indirect bribe, such as a promise of future employment, can result in criminal charges. A felony conviction under this statute carries up to four years in state prison.

Common Defenses:

No Quid Pro Quo: The prosecution must prove a clear corrupt exchange. Simply developing a friendly relationship with a judge or juror is not illegal.

Insufficient Evidence: Many bribery cases rely on circumstantial evidence. If there are no recordings, witness testimony, or financial records, the case may be weak.

Mistaken Interpretation: If an attorney was engaging in normal professional interactions rather than attempting bribery, the charges may be challenged.

Penal Code § 182 – Criminal Conspiracy

Attorneys can be charged with conspiracy if they agree with another person (for example, their client) to commit a crime (e.g., fraud, bribery, obstruction of justice). This charge does not require the crime to be completed—merely agreeing to it is enough for prosecution. A felony conspiracy conviction can result in up to 9 years in state prison, depending on the nature of the crime.

Common Defenses:

No Agreement: The prosecution must prove that two or more people genuinely conspired to commit a crime—not just discussed an idea.

Lack of Overt Act: There must be an actual step taken toward the crime. Mere conversations are not sufficient.

Entrapment: If an undercover officer encouraged or pressured the attorney into an agreement, entrapment may be a valid defense.

Business & Professions Code § 6125 & § 6126 – Unauthorized Practice of Law

California law prohibits anyone from practicing law without a valid license. An attorney can face criminal charges if they:

Continue practicing after disbarment or suspension.

Provide legal services in California while licensed in another state without proper authorization.

Allow a non-lawyer employee (such as a paralegal) to provide unauthorized legal advice to clients.

A violation of these statutes constitutes a misdemeanor, punishable by up to one year in county jail.

Common Defenses:

Valid License at the Time: If an attorney was mistakenly listed as inactive or suspended, but their license was actually in good standing, the charges may be dismissed.

Exemptions for Out-of-State Attorneys: In certain cases, attorneys from other jurisdictions can practice temporarily in California under pro hac vice status or other legal exceptions.

Misinterpretation of Services Provided: If the alleged “legal practice” involved general business advice rather than actual legal representation, the charge may not apply.

If You’re an Attorney Facing Criminal Charges, We Can Help

Facing criminal charges as an attorney is a high-stakes situation that threatens not only your freedom but also your career and reputation. If you are accused of perjury, bribery, false evidence, or any criminal offense, you need experienced legal representation immediately. If you’re an attorney facing possible criminal charges in Los Angeles, call our offices today to schedule a consultation.