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The Consequences of Perjury: Understanding Perjury Sentences
Lying under oath, also known as perjury, is a serious crime that can land you in prison. Even if you don’t get jail time, a perjury conviction can haunt you for life. So what exactly are you looking at if you commit perjury? Let’s break it down.
An Overview of Perjury
Perjury basically means lying after taking an oath to tell the truth, typically in a legal proceeding like a deposition or trial. The elements of perjury are:
- Making a false statement
- That is material (important) to the case
- While under oath
- With knowledge that the statement was false
So if you get on the stand and say something you know is a lie, that could influence the case, and you swore to tell the truth, you may have committed perjury.There’s also something called “aggravated perjury” which is perjury causing substantial harm, like wrongful imprisonment. That can get you more prison time.
Federal vs. State Perjury Laws
Perjury can be prosecuted at both the federal and state level. The feds have a general perjury law as well as statutes related to specific proceedings like bankruptcy cases or grand juries. States also have their own perjury statutes.Federal and state laws have different penalties but typically perjury is a felony with maximum prison terms of 5 or 10 years. Fines can also be imposed.So if you lie in both federal and state court, you could theoretically be prosecuted twice. Not fun.
Sentencing Factors in Perjury Cases
As with any crime, judges have quite a bit of discretion in sentencing perjury defendants. But there are factors that can increase or decrease the punishment:
Nature and Circumstances of the Offense
- How blatant and intentional was the lie? An inadvertent mistake is less serious than intricate planning.
- What was the lie designed to cover up? Hiding assets in bankruptcy is less troubling than falsely accusing someone of murder.
- Did the perjury actually achieve its purpose or cause significant harm? There’s a difference between lying unsuccessfully about an affair vs. stealing someone’s property.
Defendant’s History and Characteristics
- Does the defendant have a criminal record, especially for crimes involving deception? Repeat behavior escalates concern.
- What was the motive behind the lies? Covering up a crime suggests higher culpability than lying to protect someone’s feelings.
- Has the defendant taken responsibility and shown remorse? That can help secure leniency.
Recidivism and Specific Deterrence
With perjury specifically, judges worry about recidivism and deterrence. Someone willing to lie under oath may be likely to do so again unless given a sentence that convinces them otherwise. The punishment is designed partly to dissuade that particular defendant from repeating the crime.
Collateral Consequences
Lying under oath alone can destroy careers and reputations, even without a criminal conviction. So judges may go slightly easier in cases where defendants have already suffered severely as a result of the perjury.
Cooperation and Plea Deals
As with most crimes, defendants who cooperate with prosecutors and plead guilty can often get lighter sentences for perjury. Admitting the lie and coming clean may show remorse and save taxpayer dollars on lengthy trials.
Sentences Seen in Real Perjury Cases
Now let’s look at some real-world examples of perjury sentences:
Martha Stewart – 5 Months Prison
The famous lifestyle guru served 5 months for lying to investigators about a stock sale. She was also convicted of other charges related to the stock trading. The judge cited the need for general deterrence and Stewart’s failure to fully accept responsibility.
Scooter Libby – 30 Months Prison
This former White House aide was convicted of perjury relating to the leak of a CIA agent’s identity. His lies derailed the investigation and caused uncertainty over whether national security was compromised. The judge rejected pleas for leniency given the significance of the case.
Marion Jones – 6 Months Prison
The Olympic gold medalist served 6 months for perjury relating to her denial of doping, as well as obstruction of justice. The judge cited her betrayal of fans and fraudulent misrepresentations as requiring a custodial sentence. However, her cooperation earned her less time.
Barry Bonds – 30 Days House Arrest
The home run king got 30 days of house arrest for evasive testimony relating to steroids. Despite the high-profile nature of the case, the judge focused on the limited nature and impact of the deception. Bonds’ lack of criminal history and background of charity work were also mitigating factors.So as you can see, perjury sentences vary quite a bit based on the circumstances of the offense and offender. But make no mistake, lying under oath is dealt with harshly. Unless the deceit is truly inconsequential, expect to serve at least several months behind bars. And the stigma of being branded a perjurer is almost as bad as the lost freedom.Clearly perjury should be avoided. But if you are ever accused of lying under oath, an experienced criminal defense lawyer is essential. The right advocacy and sentencing arguments could make all the difference. So if you find yourself facing a perjury charge, seek counsel immediately.