Is Perjury a Felony? The Seriousness of Lying Under Oath

Imagine this: you’re in court, hand raised, swearing to tell the truth, the whole truth, and nothing but the truth. But then, under the pressure of the moment, you alter the facts, omit crucial details, or outright lie. This is perjury, a serious offense with potentially severe consequences. Is perjury a felony? At SKT Law, we understand the gravity of perjury charges and are here to shed light on what constitutes perjury, the penalties you could face, and how a skilled criminal defense attorney can help you navigate this complex legal terrain.

What is Perjury?

Perjury is the act of intentionally lying or making misleading statements under oath in a legal setting. It’s a serious offense that strikes at the heart of the justice system, as it undermines the integrity of legal proceedings and can lead to wrongful convictions or acquittals.

“Perjury cases can be complex,” says Eliot Krieger, co-founding partner of SKT Law and former Department of Justice prosecutor. “The prosecution must prove beyond a reasonable doubt that the defendant knowingly made a false statement under oath about a material fact. This can be challenging, as it often requires demonstrating the defendant’s state of mind and intent.”

Understanding the Legal Definition of Perjury

For a statement to be considered perjury, it must meet certain criteria:

Oath: The statement must be made under oath or affirmation, meaning the person making it has sworn to tell the truth. This oath can be administered in a variety of settings, including courtrooms, depositions, and grand jury proceedings.
Intentional: The person making the statement must know it to be false or misleading at the time they make it. This means that accidental misstatements or misunderstandings do not typically constitute perjury.
Material: The false statement must be relevant or “material” to the legal proceeding in which it is made. In other words, the lie must have the potential to influence the outcome of the case.

Potential Penalties for Perjury

Perjury is typically classified as a felony offense, although the specific penalties can vary depending on the jurisdiction and the severity of the offense. In many cases, perjury can result in a prison sentence of several years, as well as substantial fines and other penalties. For example, in California, perjury is punishable by up to four years in state prison.

The severity of the penalty for perjury can also depend on the context in which the offense occurred. If the perjury occurred in a federal court or in connection with a federal investigation, the penalties may be even more severe. Federal perjury carries a maximum penalty of five years in prison and a substantial fine.

“The penalties for perjury can be significant, including jail time, fines, and damage to one’s reputation,” adds Krieger. “It’s crucial to have an experienced attorney by your side who can help you understand the charges against you and build a strong defense.”

Defenses to Perjury Charges

If you have been charged with perjury, there are several potential defenses that may be available to you, depending on the specific circumstances of your case. Some common defenses to perjury charges include:

Lack of intent: You may be able to argue that you did not intentionally make a false statement, or that you believed the statement to be true at the time you made it. This defense can be particularly effective if you can show that you were mistaken or confused about the facts of the case.
Lack of materiality: You may be able to argue that the false statement was not material to the legal proceeding in which it was made. This defense can be successful if you can show that the lie had no bearing on the outcome of the case.
Recantation: In some cases, you may be able to avoid or reduce penalties for perjury by recanting your false statement before it has had a chance to affect the outcome of the legal proceeding. This defense is typically only available if you come forward with the truth before the lie has been discovered or has had a chance to cause significant harm.

How an Experienced Criminal Defense Attorney Can Help

If you have been charged with perjury, it is crucial to seek legal representation from an experienced criminal defense attorney as soon as possible. A skilled attorney can help you understand the charges against you, evaluate your potential defenses, and protect your rights throughout the legal process.

“An experienced attorney can make all the difference in a perjury case,” says Krieger. “They can help you understand the charges against you, develop a strong defense strategy, and negotiate with prosecutors to potentially reduce or dismiss the charges.”

SKT Law is a leading criminal defense firm with extensive experience representing clients facing a wide range of charges, including perjury. If you have been charged with perjury, we can help. Contact us today to schedule a consultation.

Remember, everyone is innocent until proven guilty. With the right legal team on your side, you can face these charges with confidence and work towards the best possible outcome for your case.

SKT Law is based in Orange County, CA, and serves clients across the United States and internationally.