Is Perjury a Felony?

Perjury is one of the most serious crimes that can occur. It might sound like a simply thing, but it actually is a crime that becomes so serious because it focuses on the integrity of the courts and the justice process as a whole.

When a witness, party, or other person commits perjury, they are providing false information while under oath. The consequences for this can go far beyond the case in which the false statement was made. Courts rely on truthful testimony to make decisions, and lawmakers in Texas treat intentional perjury very seriously. But the question that commonly comes up is this: Is perjury a felony?

The answer is: it can be. When looking at Texas perjury law, it shows that perjury may be charged as a misdemeanor or a felony. It all depends on the circumstances, the type of statement that was made, and where the statement was made.

Understanding Texas perjury statutes can help those in a legal proceeding understand the potential consequences of making a false statement when under oath and what constitutes perjury under the Texas legal system.

What Is Perjury? Understanding Perjury Law

Under Texas law, if a person knowingly makes a false statement under oath or swears to the truth of a false statement that they do not believe is true, they could be committing the crime of perjury.

To convict a person of perjury and hand down criminal penalties, prosecutors generally must prove the following:

• The person made a statement under oath

• The statement was false

• The person knew the statement was false

• The statement was made intentionally

Perjury isn't a simple mistake or a foggy memory. In fact, it's fairly common that people misremember events or offer inaccurate information, even in local and federal courts. Perjury is different. With perjury, the person knows that they are hiding the actual truth or trying to be deceptive by giving a false answer or false testimony.

Perjury also doesn't have to only happen in court. It can also occur in depositions, affidavits, sworn declarations, and on certain government documents.

The fact that a statement is incorrect doesn't automatically mean that perjury has occurred. It comes down to intent and if the person in question intended to deceive.

Is Perjury a Felony in Texas According to Penal Code?

Perjury could be charged as a felony in Texas. When looking at Texas Penal Code, there is both standard perjury and aggravated perjury charges.

Standard, or basic, perjury, is usually charged as a Class A misdemeanor. This means that many people charged with perjury are only charged with a misdemeanor. Though serious, it's not as serious as a felony perjury charge.

If the charge is considered to be aggravated perjury, it's often charged as a felony.

Aggravated perjury occurs when a person makes a false statement under oath during an official proceeding and the statement is material to the proceeding. These material statements matter because they can affect the outcome or influence the decisions made in a case.

Giving false testimony can undermine the entire legal process, which is why aggravated perjury is treated much more severely than ordinary perjury.

As a result, whether perjury is a felony often depends on where the statement was made and how important it was to the matter being decided. For more information, a good criminal defense lawyer in Fort Worth may be able to help.

What Is an Official Proceeding?

One factor that separates a misdemeanor perjury from a felony perjury is whether or not the statement occurred during an official proceeding. An official proceeding includes:

• Criminal trials

• Civil lawsuits

• Grand jury proceedings

• Administrative hearings

• Certain governmental proceedings

For instance, if a witness intentionally lies under oath during a trial and the statement has the potential to influence the jury's decision, prosecutors may choose to charge the individual with aggravated perjury.

On the other hand, a false statement that's made in a less formal setting might not be aggravated perjury, but it will still qualify as perjury on a misdemeanor level.

Penalties for Perjury

The penalties depend on whether the offense is charged as standard perjury or aggravated perjury.

A Class A misdemeanor perjury conviction can result in:

• Up to one year in county jail

• Fines

• Probation

• A permanent criminal record

Aggravated perjury is generally charged as a third-degree felony in Texas.

A third-degree felony conviction can carry:

• Two to ten years in prison

• Significant fines

• Community supervision in some cases

• Long-term consequences associated with a felony record

Judges may also consider factors such as criminal history, the impact of the false statement, and the circumstances surrounding the offense when determining an appropriate sentence.

Common Examples of Perjury

Perjury can occur in many different situations.

Examples may include:

• Lying during courtroom testimony

• Providing false information during a deposition

• Submitting a knowingly false affidavit

• Making false sworn statements in legal filings

• Giving false testimony before a grand jury

For instance, a witness who intentionally lies about seeing a defendant at a particular location during a criminal trial could potentially face perjury charges if prosecutors can prove the statement was knowingly false.

Similarly, a person who signs a sworn affidavit containing information they know to be untrue may also expose themselves to criminal liability.

The key issue in every case is whether the false statement was intentional.

Defenses to Perjury Charges

Like any criminal charge, perjury allegations can be challenged.

Common defenses may include:

• The statement was actually true

• The statement was not material

• The person misunderstood the question

• The statement resulted from confusion or mistake

• The prosecution cannot prove intent

Intent is frequently the focus of perjury cases. Simply proving that a statement was inaccurate is not enough. Prosecutors must show that the individual knowingly lied.

In some situations, conflicting testimony may reflect different memories or interpretations rather than intentional deception.

A defense attorney may also challenge whether the statement was material to the proceeding or whether proper legal procedures were followed during the investigation. They can also advise on how much is a wrongful arrest lawsuit worth?

Why Perjury Cases Can Be Difficult to Prove

Although perjury is a serious offense, prosecutors do not automatically file charges every time inconsistent testimony appears.

Perjury cases can be challenging because they require proof that:

• The statement was false

• The speaker knew it was false

• The falsehood was intentional

Demonstrating what a person actually believed at the time they testified can be difficult.

As a result, prosecutors often rely on documents, recordings, witness testimony, and other evidence to establish intent.

Without strong evidence showing deliberate dishonesty, a perjury case may be difficult to sustain.

Get a Free Consultation if Facing Perjury Charges

Perjury is not always a felony in Texas. Basic perjury is generally charged as a Class A misdemeanor, while aggravated perjury can be charged as a third-degree felony. The distinction often depends on whether the false statement was made during an official proceeding and whether it was material to the issues being decided. Sparks Law Firm can also advise on questions like is contempt of court a felony?

Because a conviction can result in jail time, substantial fines, and a permanent criminal record, allegations of perjury should be taken seriously. Anyone facing accusations of making false statements under oath should understand the potential consequences and seek legal guidance as soon as possible.

Sparks Law Firm works with people in and around Fort Worth who have been accused of crimes, including perjury. If you or a family member is facing perjury charges, reach out for a free consultation.