The Truth About Perjury

Before testifying, a witness swears to tell the whole truth and nothing but the truth. But what happens when they don’t tell the truth?

You may have heard of someone being convicted of perjury in TV dramas and movies. A person “perjures” themselves, thereby creating legal trouble for themselves and often for others.

Perjury is often associated with a witness accused of lying to or misleading court officials. It is a crime that can carry a significant sentence. It’s important to understand what perjury is and the consequences before you testify under oath in any type of proceeding.

If you are testifying under oath and have concerns about perjuring yourself, or if you are facing perjury charges, contact an experienced criminal defense lawyer right away.

What Is Perjury?

The American criminal justice system, and the entire legal system, relies on truth. Therefore, perjury is a serious criminal offense. The crime of perjury occurs when someone, under oath, knowingly makes a false statement during a court case or other legal proceeding. However, several criteria must be met for someone to be found guilty of perjury.

Only witnesses who make false statements under oath can be convicted of perjury, and they must also have intentionally misled the court. If you give a false statement but you are not under oath or make false claims without knowledge or malice, your statement will likely not reach the level of perjury charges.

According to federal law, a person perjures themselves if they make a statement under oath related to a material matter that they know is not true.

The false statement must be “materially” relevant to the initial case to be considered perjury. This means your incorrect claim must be capable of influencing the case for you to be prosecuted for perjury. For example, a bystander lying about how many cats they own while testifying to an armed robbery they witnessed would not be guilty of perjury.

Perjury can happen anytime someone takes an oath and is not limited to court proceedings or an official proceeding.

What Is the Penalty for Perjury?

When a person testifies under penalty of perjury, it means they can face a perjury charge under perjury law. A perjury charge can result in a prison term of up to five years under federal law. You could also face fines and probation, depending on the context and the severity of the crime.

Given that perjury is often classified as a felony, state laws can be quite harsh as well. Under state law, perjurers might also be punished with a prison sentence of one year or greater, with fines and probation possible as well.

How To Prove Perjury

Perjury can only be proven by providing substantive evidence that contradicts the sworn statement made by a witness while under oath.

False testimony provided by a witness in service of either the prosecution or the defense is eligible material for perjury charges. If the evidence is brought against a witness accused of intentionally misleading the court, a perjury case is likely.

Possible Perjury Defense

If you’re facing perjury charges, you should consult an experienced criminal defense lawyer. Perjury is a felony, and a perjury conviction is a serious matter.

Legal counsel can advise whether you can defend yourself against the charge if you tell the truth. Additionally, if the case in which potentially perjurious statements is ongoing, your lawyer can determine whether or not recanting (or correcting) previous statements might be your best option.

What Is a Perjury Trap?

A criminal defense attorney can also protect you from “perjury traps.” A perjury trap is a situation where prosecutors target witnesses (or defendants) by placing them under oath hoping they will choose or be forced to lie to the court.

If you are giving testimony, either as a witness or in your own defense in your criminal case, you should consider talking with an attorney first. An attorney can advise you about perjury and help you prepare for your testimony.