Perjury

Perjury as a Federal Crime: Types, Penalties, and Legal Defenses

Perjury, under federal law, is a grave offense involving knowingly making false statements under oath in a judicial, administrative, or legislative proceeding. Governed primarily by 18 U.S.C. § 1621, perjury undermines the integrity of legal processes, making it a serious crime.

Types of Perjury

Federal perjury can take two main forms:

1. False Testimony: Providing false statements while under oath in court or before a grand jury.
2. False Declarations: Filing written statements, such as affidavits or declarations, with deliberate falsehoods in federal proceedings.

Each requires proof that the statement was materially false, knowingly made, and relevant to the matter at hand. Materiality is a key element, meaning the falsehood must have the potential to influence the proceeding’s outcome.

Penalties for Perjury

Conviction for perjury carries significant penalties, including:

• Imprisonment: Up to 5 years in federal prison.
• Fines: Substantial monetary penalties as determined by federal guidelines.
• Collateral Consequences: Damage to reputation, loss of professional licenses, and potential disqualification from public office.

Legal Defenses

Skilled federal criminal defense lawyer Nate Crowley may deploy several defenses against a perjury charge:

1. Lack of Intent: Demonstrating that the false statement was made unintentionally or resulted from confusion or mistake.
2. Immateriality: Arguing the false statement was not material to the proceeding’s outcome.
3. Ambiguity: Highlighting that the question posed was unclear or misleading, making the response reasonably interpreted.
4. Recantation: If the false statement is corrected before it impacts the proceeding, it may negate criminal liability under certain circumstances.

Given the complex nature of perjury cases, effective representation requires thorough examination of evidence, witness testimony, and procedural safeguards to ensure the accused’s rights are preserved.

Penalties for Perjury in California

Perjury in California is a serious felony offense, codified under Penal Code § 118 PC, which occurs when an individual willfully provides false information under oath in a legal or official setting. This includes verbal testimony in court, written affidavits, or declarations made under penalty of perjury.

To convict someone of perjury, prosecutors must prove:

1. The individual knowingly made a false statement while under oath.
2. The statement was material, meaning it could influence the outcome of the proceeding.
3. The act was deliberate, not a result of confusion or mistake.

Imprisonment

In California, perjury is classified as a felony under Penal Code § 118 PC, and the jail or prison time for a conviction can be a state prison sentence. The term can be 2, 3, or 4 years, depending on the circumstances of the case and any aggravating or mitigating factors.

Sentencing is influenced by factors such as:

• The severity of the false statement’s impact on the legal proceeding.
• Whether the defendant has a prior criminal record.
• Any mitigating circumstances, like acting under duress or confusion.

A perjury conviction is not eligible for county jail under California’s realignment laws (AB 109) because it is not a “nonviolent, non-serious, or non-sexual” offense. Therefore, individuals convicted of perjury generally serve their sentence in state prison.

Fines

In California, the financial penalty for perjury under Penal Code § 118 PC can include fines up to $10,000, in addition to other consequences such as imprisonment. The exact fine amount is determined based on the specifics of the case, including the severity of the offense and whether it caused significant harm or impacted the legal process.

Fines may be imposed independently or alongside restitution if the false statement caused financial harm to others. For example, if perjury resulted in an unjust court ruling or financial loss to a party, the convicted individual might also be required to compensate the affected party.

Damage to Reputation

Collateral consequences that can have lasting impacts on a person’s life and reputation. These include:

1. Damage to Credibility and Reputation
   • A conviction brands the individual as dishonest, damaging their credibility in personal, professional, and legal matters.
   • Future testimony in court may be discredited due to the conviction.
2. Professional Consequences
   • Loss of Licenses: Professionals such as lawyers, doctors, and accountants may lose their licenses due to a perjury conviction.
   • Employment Challenges: Employers may hesitate to hire someone with a dishonesty-related conviction. Certain positions, especially those in government, finance, or law enforcement, may become inaccessible.
3. Civil Rights Limitations
   • In some states, including California, a felony conviction can result in the loss of the right to vote (during incarceration) and the right to own or possess firearms.
4. Immigration Consequences
   • For non-citizens, a perjury conviction could lead to deportation or inadmissibility for visas or citizenship under federal immigration laws.
5. Financial Impact
   • Fines, court costs, and potential restitution can result in significant financial burdens.
6. Social and Personal Impacts
   • Strained relationships with family, friends, and colleagues due to the stigma of dishonesty.

Given these extensive consequences, it is crucial to aggressively defend against perjury or false statement charges with the help of experienced California criminal defense attorney Nate Crowley.

Charged With Perjury? Contact Federal Criminal Defense Attorney Nate Crowley.

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