False Testimony Legal Overview

Lying or stretching the truth can get you into trouble, but it is usually not a crime. However, if you lie under oath or give false statements in court, it can lead to criminal charges for giving false testimony. False testimony in court is also known as perjury.

In most states, perjury is a felony. The penalties for perjury can include jail time and more than a year in state prison. Perjury statutes are different in every state. If you are accused of giving false information in court, talk to a local criminal defense lawyer for legal advice.

What Is Perjury?

Perjury is giving materially false evidence or false testimony in an official proceeding. For example, if you are a witness in a criminal case and falsely give the defendant an alibi, you can be charged with perjury.

False testimony can include oral or written statements. It can also include any other material offered in an official proceeding. An official proceeding goes beyond just a criminal law setting and can involve any legislative, judicial, or other government agency. This can include testimony or signing affidavits in county court, the court of appeals, or even before the U.S. Supreme Court.

The false statement has to be relevant to the proceeding. A materially false statement means it is something that could affect the course or outcome of the proceeding.

For example, if you were giving testimony in a car accident lawsuit, lying about what song you were listening to may not be material. This would not likely affect the outcome. However, if you say the driver was driving responsibly but they were texting at the time, it may be a material fact.

What Are the Penalties for Perjury?

Perjury is generally a felony offense. The penalties for a perjury conviction can include more than a year in jail and fines. There are other consequences of a felony conviction. If you have a felony criminal record, it can be more difficult to find a job or get housing. Felons may not be able to get government benefits or scholarships. Felons are prohibited from owning or possessing a firearm.

False Testimony Before a Federal Grand Jury or Court

Giving false testimony in federal court is a violation of federal law. When you testify in a federal court, you do so under possible penalty of perjury. The penalty for making false statements before a federal grand jury includes up to five years in federal prison.

What Happens If You Convince Someone Else to Lie in Court?

Persuading someone else to commit perjury is also a crime. This is known as the subornation of perjury. Under federal law, getting someone else to commit perjury is punishable by up to five years in prison.

For example, if there is a criminal investigation for a robbery and you convince someone else to give you a false alibi, you can face subornation of perjury criminal charges.

How Can I Defend Against a Perjury Conviction?

To prove you are guilty of perjury, the prosecutor has to prove all elements of the offense beyond a reasonable doubt. Generally, the elements of perjury charges include:

• You took an oath to tell the truth
• You willfully and purposefully made false declarations
• You knew the statement was not true
• The statement was related to a material matter

To defend against perjury prosecution, you must show the jury there is reason to doubt any of the elements.

For example, it can be a defense to false testimony charges if you believed the statements to be true at the time, even if they later turned out to be false.

How Can a Criminal Defense Attorney Help?

In the criminal justice system, you are innocent until proven guilty. An experienced defense attorney can explain the charges and help you understand your legal options. Your attorney can build a strong legal defense to help you fight the criminal charges.

In some situations, it may be better to negotiate and accept a plea bargain. A plea agreement means you are pleading guilty in exchange for better sentencing terms. This could include dropping certain charges, reducing charges, or avoiding jail time. Talk to your criminal defense lawyer about getting the best plea deal for your case.

Before you appear in court or give testimony, talk to your criminal defense lawyer about your rights. Saying the wrong thing could be obstruction of justice or contempt of court. If you lied under oath, you could face perjury charges.