Federal Perjury Charges

Making false statements under oath can mean criminal perjury charges. Some people give false testimony to help a friend in court. However, if the prosecutor or judge thinks you are lying, there can be criminal consequences.

Being charged with a federal crime is always an extremely serious matter. If you are facing federal perjury charges and want to know more about your legal rights, talk to a federal criminal defense attorney for legal advice.

What Is Federal Perjury?

You can be convicted of a felony criminal offense in federal court if the prosecutor can prove beyond a reasonable doubt that you did the following four elements of perjury charges:

• Before making a statement, you took an oath from a judge or other officer and agreed to be truthful
• You willfully made a statement that you knew was false
• The statement was actually false
• The statement was related to a material fact (your statement was pivotal to the case and the outcome will be substantially affected by your statement)

Can I Face Perjury Charges While Testifying in a Courtroom?

You can be charged with federal perjury under the U.S. Code if you make an alleged false statement in federal court, before federal grand jury proceedings, or in other official proceedings. It can be considered perjury if you provide false testimony under oath at a deposition, at a congressional hearing, or on a written document like an affidavit. Obstruction of justice is a related charge that you could also face if the government accuses you of perjury.

What Are the Penalties for Perjury?

The federal sentencing penalties for a federal perjury conviction are:

• Having a felony on your record
• Up to a five-year prison sentence
• Probation

Under state law, perjury can be treated as a misdemeanor or a felony. Under federal law, perjury is a felony. Convicted felons may be prohibited from owning a gun, serving on a jury, or have difficulty getting a job.

A conviction for making a false statement under oath can also affect your reputation and jeopardize your career. Talk to an experienced criminal federal law attorney familiar with how to best defend against federal perjury charges.

What are Defenses to Federal Perjury Charges?

Contact a federal criminal defense lawyer who is familiar with the federal statutes and defenses to the perjury charge, which can include:

• The statement didn’t relate to a material matter
• The statement was unresponsive or misleading but not false
• You lacked the intent to lie (you misunderstood the question or were unable to recall the facts)
• You did not make your statement under oath (a false statement is not necessarily perjury)

Prosecutors must prove the false statement was material to prevail on federal perjury charges. If your statement had no bearing on the case you were testifying in, then that shouldn’t be considered a crime under the perjury statute.

Do I Need a Criminal Defense Lawyer for a Federal Perjury Charge?

Perjury laws can be confusing, and you may not know the line between a false statement, exaggeration, and perjury. If you find yourself stuck in a perjury trap, don’t try to spin your way out of it alone. Seek legal advice from an experienced federal criminal defense lawyer. Federal prosecutors take perjury and all other criminal charges seriously, which means you should build the strongest possible defense.