Perjury

It can be stressful to testify in court or during a criminal investigation. You may say something that isn’t the whole truth because you don’t want to get in trouble. You might want to protect someone else and keep quiet about the truth. But if you give false information or testimony while under oath, you can face criminal perjury charges.

Even if you did not commit any other crime, lying in court as a witness can be a criminal offense. You might be able to fix any misstatement you made to the court. If you are accused of perjury, contact an experienced criminal defense lawyer for advice.

What Is Perjury and False Testimony?

Perjury is a criminal law term that involves making false statements under oath in any legal or judicial proceeding. This includes false declarations during a trial, to a grand jury, in a deposition, or when taking an oath. Perjury is more serious than simple lying because the state considers lying to the court a greater crime.

It may also be a crime to persuade someone else to commit perjury under oath. Allowing someone else to lie under oath is known as subornation of perjury.

Perjury in a Written Legal Document

Making a false statement in a written document can also be a type of perjury. If the written document is used in an official proceeding or you signed it under penalty of perjury, any falsities in the document can be evidence of perjury.

What Are Federal Perjury Charges?

Perjury is also a federal crime. If you lie in a federal investigation, you may face perjury criminal charges under federal law. A conviction in federal court for violating a federal statute could mean up to five years in federal prison.

How Does a Prosecutor Prove Perjury?

For a prosecutor to get a conviction in a criminal trial, they must prove every element of the charge. The prosecutor has the burden to prove every element beyond a reasonable doubt to earn a guilty conviction. The elements of perjury depend on the state. State perjury statute elements may include:

• You took an oath to testify truthfully
• When you testified, you willingly made a false statement
• You knew the statement was false
• The statement relates to a material fact that would affect the outcome of the case

To defend against the crime of perjury, your lawyer may focus on one or more of the elements. If you can show doubt about any of the elements, you should be found not guilty of perjury.

Criminal Defense Attorney Strategies for Perjury Charges

If the prosecutor claims you lied under oath, they may just be trying to scare you. There may have been several reasons why you gave the answer you did, without intentionally lying to the court. Your statement could have different interpretations. The prosecutor could have taken your statement to mean the wrong thing.

Making an honest mistake about some material information is also not perjury because you never intended to say something false.

In general, perjury involves material misinformation. Telling a falsehood about some immaterial matter may not be perjury. For example, lying about your weight in court may not be perjury unless your weight or physical identification is a material matter to the case.

What Are the Penalties for a Perjury Conviction?

Perjury is generally a felony offense. A felony is punishable by more than a year in jail and a fine. The penalties for a perjury conviction may depend on several factors, including:

• The type of court proceeding
• The underlying criminal charges
• Whether the perjury was part of a criminal conspiracy
• Whether you already have a criminal record

There are long-term consequences of a felony conviction, even after release from prison. Convicted felons may have a difficult time getting a job, housing, or government benefits. A felony conviction can also mean losing your right to vote or own a gun.

Can You Correct False Statements?

Once you make a false statement, it is perjury. However, you can take back or recant false testimony. To recant a false statement, it must be made in the same court. The false statement cannot have substantially affected the outcome of the proceeding. You can use this as a way to show that you did not intend to mislead the court.

You can’t correct a statement after someone says you lied. A recantation has to happen before prosecutors or the court discover the falsity.

How Can a Perjury Law Attorney Help?

If you are not sure of what to say, remember your Fifth Amendment rights. You have the right to remain silent. The Fifth Amendment to the U.S. Constitution protects you against self-incrimination. The Supreme Court has extended that right to criminal, administrative, judicial, and investigative proceedings.

If you think you may have to lie in court to avoid a perjury trap, talk to your lawyer. Just because you don’t answer a question does not mean you did anything wrong. Staying silent can also help you avoid perjury charges. If you have questions about perjury cases, talk to your criminal defense lawyer as soon as possible.