What happens after lying to a court under oath?

Lying under oath is a criminal offence known as perjury and is a punishable under federal and state law. But what happens after lying to a court under oath? Well, if you lied to a court, you’re in a lot of trouble and this article will explain what exactly you face and how to approach it.

What is perjury?

Section 118 of the California Penal code defines perjury as willfully and knowingly making a false testimony, declaration, deposition or certification under oath before a competent tribunal, officer or person in any case where by law, the oath is administered.

What this essentially means is that, by voluntarily giving a statement in court, to an officer or even through affidavits under the penalty of perjury, then you’re guilty of perjury, a second-degree felony.

There are many federal statutes that criminalize perjury and other false statements. 18 U.S.C. §1621 and 1623 are the broad and widely applied federal perjury statutes.

Penalty for perjury

Perjury is a punishable offense under both federal and state laws. The penalties include:

• Fines
• imprisonment of not more than five years, or
• both

What happens after lying to a court under oath?

If it comes to the attention of a court that you have lied under oath, you will be cited for perjury. But who prosecutes perjury? Well, just like any other criminal offence, you should expect that a district attorney will build a case and begin the prosecution process against you. A private individual doesn’t have the capacity to file charges or prosecute anyone for committing perjury.

How do you prove perjury in court?

To prove perjury in court, the prosecutor has to show that you made a testimony, declaration, deposition or certification and that:

• the statement was false,
• it was made to a competent authority or officer,
• that you were under oath when you made those false statements,
• it was made with intent to deceive the authority or officer.

All the elements of perjury must be present for the court to find you guilty. For example, if the statement you made was false, but the oath was administered by a person without authority to do so, then you wouldn’t be guilty of perjury. Also note that, affidavits can elicit a charge of perjury if they’re sworn under oath.

Perjury v False statement

A false statement is an untrue or misleading information given by a person. A person can knowingly or unintentionally make a false statement. An example is John Doe stating in a testimony, declaration, deposition or certification that his monthly income is $8,000 when in fact it is $12,000. This will be a false statement regardless of whether John made an honest mistake or intentionally under-quoted his income.

Perjury on the other hand, is an intentional false statement which is made to a competent authority or officer under oath with the intent to deceive or mislead the authority or officer, often a judge, jury or government official.

Legal documents, testimonies, declarations and certifications are expected to be true, and people are required to make such statements in good faith and with all honesty.

The reason why the law treats perjury with such disdain and prescribes severe punishment is that it disrupts the integrity of the legal system. A false testimony has the power of leading to the release of a criminal or the jailing of an innocent person. In civil cases, a false statement can lead to miscarriage of justice. To avoid this, persons under oath faces penalties for making false statements with the intent to mislead or deceive.

Is Perjury a felony?

Yes, according to federal law and most state laws, perjury is a felony which carries a punishment of up to five years imprisonment.

Why is perjury hard to prove?

Among the elements of perjury, a prosecutor has to prove, the hardest is proving intent. It has to be shown that you made the false statement knowingly with the intent to deceive. Be reminded however that, while intent may not immediately be obvious, it can be imputed from your conduct and the surrounding circumstances.

Conclusion

To conclude, you now know what happens after lying to a court under oath. The penalty for perjury is severe and can see anyone found guilty doing time in prison. To avoid committing perjury, always ensure that the information you provide in a testimony, declaration, statement or certification is true, made in good faith and accurate to the best of your knowledge.