perjury

Understanding Perjury: The Legal Implications of Lying Under Oath

Perjury refers to the act of intentionally lying or providing false statements while under oath in an official legal proceeding. It’s a serious crime that undermines the integrity of the justice system and prevents the discovery of truth. Those convicted of perjury face steep fines, years in prison, and can permanently damage their credibility and reputation.

What Constitutes Perjury

For a statement to qualify as perjury, four elements must be met:

• The person must have taken an oath to testify truthfully;
• The person must have made a false statement, claim or declaration;
• The false statement must be material or relevant to the case, not trivial;
• The person must have knowingly and willfully made the false statement, not by accident or mistake.

So if someone unintentionally misspeaks or makes an honest mistake while under oath, that typically does not qualify as perjury. The false statement must be intentional and meaningful.
Perjury laws apply in both civil and criminal court cases. If you blatantly lie in a deposition, hearing, trial, affidavit, or written declaration made under penalty of perjury, you could face a perjury charge.

Examples of Perjury

Some examples of perjury include:

• Lying about your income or assets in a divorce case;
• Claiming you don’t know the defendant when testifying in a criminal trial, when you actually do;
• Saying you saw the defendant commit the crime when you did not;
• Denying you were at the scene of the crime when you were.

As you can see, perjury applies to both major and minor lies told under oath. The court takes giving false testimony very seriously, no matter the degree of the lie.

Defenses Against Perjury Charges

Though perjury seems straightforward, several defenses exist you can raise against perjury charges:

Lack of Intent

As mentioned, perjury requires you willfully intend to lie under oath. If your false statement was a mistake or accident, that negates intent. Your lawyer may argue you simply misspoke or forgot a detail on accident.

Retraction

In some cases, if you immediately correct or recant your false testimony, you may avoid a perjury charge. For example, if you state a lie but catch yourself seconds later and retract that statement.

Mental Defect

If you can prove you suffered from a mental disease or defect that caused you to testify falsely, this may excuse perjury. Your lawyer would need to demonstrate through psychiatric evaluation that you lacked the mental capacity to understand your duty to testify truthfully.

Not Material

Recall perjury requires the lie relates to a material aspect of the case or investigation. If your false statement was merely tangential and insignificant, your lawyer may get the charge dismissed.

Penalties and Sentencing for Perjury Conviction

A perjury conviction carries severe penalties, such as:

• Up to 5 years in prison;
• Substantial fines up to $250,000;
• Probation;
• Community service.

Judges tend to punish perjury harshly because of how it corrupts the justice system. Defendants face increased penalties if the perjured testimony caused substantial harm, such as wrongful imprisonment of an innocent person.
The consequences also last beyond sentencing. Having a felony perjury conviction mars your criminal record and credibility permanently.

When Perjury Charges are Unlikely

Given the serious punishments, why doesn’t every witness who slips up on the stand get charged with perjury?
Prosecutors reserve perjury charges only for the most egregious lies told under oath. Typically, minor factual discrepancies or unintentionally misleading statements will not warrant prosecution.
Charges get filed only when the prosecutor feels confident they can prove intent to deceive beyond reasonable doubt. So if you make a somewhat dubious statement that may have been a mistake, you likely will not face any charges.
Perjury can be tricky to prove given the need to demonstrate state of mind. Many questionable statements result in no prosecution at all.

Consult an Attorney if Facing Perjury Charges

Allegations of perjury should receive prompt legal attention. An experienced criminal defense lawyer can evaluate any possible defenses and weaknesses in the prosecution’s case. In some instances, they may get the charges dismissed or reduced or work out a favorable plea bargain.
They can also give you advice on correcting any false statements to minimize further legal jeopardy. Having skilled legal counsel in your corner can help mitigate the steep consequences of a perjury conviction.
The crime of perjury strikes at the heart of the justice system’s search for truth. Those who intentionally lie under oath face prosecution, prison time, major fines, and permanent damage to their reputations. Yet because of how hard it can be to prove intent, many dubious statements still slide by. Those facing a perjury charge must retain counsel quickly to have any hope of avoiding conviction.