Contrary to popular belief, perjury is more than just telling a white lie—at least, legally. Facing perjury charges is serious and will not always result in “just a fine” if pressed by prosecutors. It’s a complex legal issue with potentially severe consequences. Understanding the nuances of perjury is crucial for anyone who might find themselves in a situation where they are giving testimony or making sworn statements.
Here, we will delve into different elements of perjury and how a skilled attorney can help:
- Materiality: the core of perjury charges
- Risks and punishments of perjury
- How an attorney can help you fight charges
The Materiality of a Perjurious Statement
At the heart of perjury lies materiality. Materiality refers to the influence the perjurious statement has on the decision or decision-making of the proceedings.
In other words, making a false statement about what type of juice you drank one morning in a case that is not concerned with your juice habits is not perjury.
Consider this scenario: you make a knowingly untrue statement under oath or penalty of perjury about something directly related to the case. That would be an example of perjury, considering your false statement could affect the outcome of a case.
However, this doesn’t mean a false statement unnecessary to the case’s outcomes will not be prosecuted. Its materiality can still be a matter of question even if it did not have an effect on the case.
Now, does this mean you’re going to be prosecuted for making a false statement about juice? Chances are, probably not.
Let’s say you are a witness in a trial for alleged theft. You made a statement under oath that you had not seen the alleged thief the day the crime took place. Yet, you did—and you know you did.
Say the alleged is found guilty because the evidence against them was insurmountable. Though it might seem like your statement is inconsequential, the lie could still be prosecuted as perjury.
Think of materiality as split between things material to you and the case, like a Venn diagram. On one side, you have things that matter to you (ex., your juice drinking habits), and on the other, you have the case of an alleged thief. In the middle, you have what matters to both you and the case, your connection to the alleged (ex., seeing the alleged thief the day of the crime).
When giving a statement under oath, it is essential to tell the truth. The U.S. Justice System is enshrined in uncovering the truth and ensuring an equitable outcome, not only for victims, but alleged criminals as well. A perjurious statement can disrupt that process and lead to more trouble for you.
Risks and Punishments of Perjury
Perjury might seem easy to commit, especially when under pressure, but it is not prosecuted as often as you’d think.
Nowadays, there are many cases where pursuing a perjury charge might do more harm than good. Missteps in speech are common enough in high-stress situations like a testimony, so much so that pursuing every single potential case would involve a lot of work to prove perjury in court.
Plus, as noted above, perjury is a very technical crime requiring specific circumstances to build a convincing case.
That being said, we live in an information and technology age. Text messages, emails, security camera footage, dash-cams, bodycams, receipts, and the like are all pieces of hard evidence that can be used to build a case against you.
If you are facing perjury charges, there is a chance the prosecution will use anything they can to demonstrate discrepancies between your sworn testimony and reality.
Perjury laws and penalties vary across jurisdictions. Here’s a comparison of Maryland and federal law:
| Feature | Maryland Law | Federal Law |
|---|---|---|
| Crime Type | Misdemeanor crime | Felony |
| Potential Prison Time | Up to ten years in prison | Up to five years in prison |
| Potential Fines | N/A | Allows for up to $250,000 in fines |
Whether perjury is a misdemeanor or felony varies from state to state. Regardless, with the potential time in jail, you could spend in prison, it’s important to take charges as seriously as other felonies.
“Truth is the foundation of justice.” – Benjamin N. Cardozo
This quote underscores the importance of honesty in legal proceedings and highlights the gravity of perjury’s threat to the pursuit of justice.
How Can an Attorney Help?
A skilled perjury federal defense lawyer knows U.S. and state perjury statutes backwards and forwards. If you are facing perjury charges in MD, VA, PA, or DC, engaging a lawyer familiar with the specific laws of those jurisdictions is crucial. James E. Crawford Jr., at JC Law, is an attorney who focuses on these federal and state laws.
With perjury being as technical as it is, it is important to trust someone who:
- Believes you,
- Has experience mounting aggressive defenses against perjury charges, and
- Can take the time to review the details of your case start-to-finish.
When an attorney reviews your case, they will determine how to defend you against the perjury charges you face.
In some cases, you can avoid court entirely by recanting a false statement—a process your lawyer can walk you through and argue for in court. This does not mean you will avoid prosecution; it is, however, something that the court will take into consideration when reviewing your intent to mislead.
Intent is the key to a perjury case: Did you willfully and knowingly lie? Did you intentionally interfere with the proceedings to try and affect its outcome? These are the questions you and your attorney will focus on when crafting a defense.
Do not go at it alone or accept defeat; the right lawyer is close by and there to help. They can and will fight hard for you so you can achieve the most optimal outcome.
FAQs
- What is the definition of perjury?
Perjury is the act of intentionally making false statements under oath or affirmation in a legal proceeding. - What makes a statement “material” in a perjury case?
A statement is considered material if it has the potential to influence the outcome of a legal proceeding. It doesn’t necessarily have to change the outcome, but it must be relevant to the issues being decided. - Can I be charged with perjury if I later correct my false statement?
Recanting or correcting a false statement can be a factor in your defense, showing a lack of intent to deceive. However, it doesn’t automatically prevent you from being charged with perjury. The timing and circumstances of the recantation are crucial. - What is the role of intent in a perjury case?
Intent is a critical element. To be convicted of perjury, it must be proven that you knowingly and willfully made a false statement. Mistakes or unintentional inaccuracies generally don’t constitute perjury. - What kind of evidence can be used to prove perjury?
Prosecutors can use various forms of evidence, including documents, recordings, emails, text messages, and witness testimony, to demonstrate that you made a false statement and that you knew it was false when you made it. It’s vital to remember this and consult your lawyer before giving your testimony. - How can a lawyer help if I’m accused of perjury?
A lawyer can review the evidence against you, identify weaknesses in the prosecution’s case, negotiate with prosecutors, and represent you in court. They can also advise you on the potential consequences of a conviction and help you make informed decisions about your defense.
If you have any other questions about perjury, please contact our offices for a free consultation.
