Featured News 2013 Define the Law: Perjury

Define the Law: Perjury

When it comes to maters of the court, it is important to realize the necessity of speaking the truth. On television, we can all remember the times where someone places there hand over their heart or a Bible and agrees to the saying of “do you swear to tell the truth, the whole truth and nothing but the truth so help you God?” What this means is that the judge and jury are then relying on the words of the person speaking to be accurate and entirely truthful to the best of their knowledge. Judges and juries of the court base their decisions on the guilt or innocence of a person based on the sworn testimonies of individuals, whether they are the suspects, a witness, an expert witness, or even a simple signed document.

Any of these statements that are given are based on good faith, or assumed to be truthful, by the court. However, there are situations in which case a person who is under oath of the court does not tell the truth. If this is the case, and they are discovered, they will be arrested for a criminal offense. Perjury is the term given to describe when a person actively deceives or misleads the court, and there can be criminal consequences as a result. Perjury is committed only in the event if you have given a sworn oath, like the one you would give in court, or if you have signed some form of legal document claiming that a fact was indeed truthful. Why then, would perjury be considered such an offense before the eyes of the law? Because of the simple fact that the court and judicial system is essentially relying on the truthfulness of the people in order to reach a decision, and when there is a lack of credibility on behalf of the people, it not only makes a mockery of the court, but it can also result in the wrong people paying consequences for a crime they did not commit.

The power that a person holds when they are giving a sworn statement before the court is much greater than many may realize. As one simple detail they share may turn the tides of the entire case, therefore dramatically change the entire outcome of the case in question. Perjury is classified as being a “crime against justice” because the persons misleading has the power to affect the judicial system on such grand levels.

Penalties for perjury can vary between state and federal levels and can be as small as a fine or even time in prison, depending on the unique situation. Under federal penalties, for example, if you were to be convicted of perjury and your sentencing would either be for a fine or for time behind bars up to five years. If the conviction was in a state court, generally the judges will have the similar responses to your actions, however there is a greater chance of more leniencies with your penalties depending on the situation. They may choose to grant you probation time, for example, as a trade for your time in prison.

However, as with many crimes, the effects of perjury may reach far beyond that of your five-year prison sentence. Once convicted of a crime, it will forever be on your criminal record, and in a place of employment where credibility and integrity are treasured, this may greatly affect your reputation, and therefore result in your losing your employment. Particularly in professions such as law enforcement, legal professionals and many public service jobs as well.

If you have been accused of perjury, please contact a trusted criminal defense attorney in your area, today!

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