Of course, the prosecution will do everything in their power to prove that you purposefully tried to mislead the government. If they succeed, then you could be facing serious penalties.
Since perjury is a crime of fraud, typically against the government, the penalties for it can be incredibly harsh. Allowing people to lie on legal documents would have serious consequences for the way our government is run, so the court may elect to hold you as an example to others on the dangers of committing perjury. In fact, perjury is automatically a felony in the state of California and can lead to the following penalties:. If the judge chooses to give you a more lenient sentence, you may be penalized with one year of felony probation, instead of time in prison, or as part of your overall sentence.
Of course, the severity of the penalty is very much up to the discretion of the judge. The penalty is also affected by a prior criminal record and whether it is a first or repeat offense. Being convicted of a crime of moral turpitude can:. This means that even after serving years in prison, you may continue to pay for your crime for the rest of your life. On top of facing further penalties due to perjury being a crime of moral turpitude, you may also have your sentence lengthened due to other crimes related to perjury.
Nearly every crime has other offenses that are related to it, which means most people will face multiple charges during their trial. Related offenses often result in heavier fines and a longer period of time in jail or prison. When it comes to perjury, there are three key crimes that are related to it, and often charged alongside it.
Those are:. Section requires that the defendant acted willfully , while requires that the defendant acted knowingly. In practice, the two elements require essentially the same thing: that the defendant be aware he is under oath and required to tell the truth.
Additionally, the defendant must, at the time he made the statements, know that the statements are false. Thus, if an individual was confused about the meaning of the oath, he cannot be convicted of perjury. Likewise, he has not committed perjury if he did not believe his statements were false at the time he made them.
The prosecutor must prove every one of these elements beyond reasonable doubt in order for the jury to convict the accused of perjury. This is where the skills and resources of a well-qualified Virginia federal perjury attorney can be especially key when it comes to building the strongest possible case to protect your assets and legal record. Additionally, when the government suspects that a person has unlawfully induced or forced another person to lie under oath, that person could be charged with subornation of perjury under 18 U.
For example, if someone is accused of bribing or threatening a witness and causing that witness to lie, the accused could be prosecuted for suborning perjury. Those who are convicted of perjury in federal court may be sentenced to up to five years in federal prison and may be ordered by the court to pay a heavy fine. In some cases, those who have no prior convictions may be eligible for a probationary or suspended sentence, depending on the individualized characteristics of their case and the recommended Voluntary U.
Sentencing Guideline range. However, every sentence is ultimately at the discretion of the trial judge. There are many different defense strategies that may be employed if you find yourself accused of federal perjury charges.
The following are just a few examples of possible defenses. Depending on the particular circumstances of your case, a Virginia federal perjury lawyer can assist you with determining the best course of action for your particular case. A person convicted of perjury under federal law may face up to five years in prison and fines. The punishment for perjury under state law varies from state to state, but perjury is a felony and carries a possible prison sentence of at least one year, plus fines and probation.
Penalties are increased in relation to how much the perjury interfered with the proceeding. When the perjurer was a witness in his own criminal trial, his sentence for the underlying conviction may also be increased, on the grounds that a lying defendant is one who has a bad character and is not likely to be rehabilitated quickly.
Judges can punish a perjurer who lied under oath to hide or assist a crime in a way that goes beyond the sentence for perjury. That defendant may also be charged as an accessory to the crime he was attempting to hide or assist, if that charge will carry a greater sentence. And a perjurer may even be charged as an accessory to a crime of which he is convicted, if he lied to conceal that crime.
There is no civil remedy for a criminal defendant wrongly convicted based on another's perjury , nor for a party to a civil lawsuit who loses because of a witness's perjury. As you can see, perjury is a complex crime and can arise in many situations. As with all serious legal problems, be sure to consult a lawyer experienced in criminal law if you have questions about perjury or find yourself investigated for the crime or charged with it.
An experienced lawyer can evaluate the strength of the case against you, the viability of any defenses, and your chances for a favorable outcome either through plea negotiations or at trial. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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All parts of this definition are important, so let's take a closer look at each: Perjury only happens under oath. The witness must have vowed to tell the truth to someone who is authorized to administer the oath, such as a judge, notary public, or other official. And, the proceeding must be "competent," that is, authorized by law. For example, a grand jury that has launched an investigation that is beyond its powers is not a competent proceeding. Perjury requires a statement.
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