Is perjury a felony or misdemeanor?

Is Perjury a Felony or Misdemeanor?

Perjury is a serious offense that involves giving false testimony or making a false statement under oath in a court of law, administrative hearing, or legislative proceeding. The question often arises whether perjury is a felony or a misdemeanor, and the answer depends on the jurisdiction and the severity of the offense.

Direct Answer to the Question

In the United States, perjury is generally considered a felony, with the exception of some minor or technical violations that may be treated as misdemeanors. In most states, perjury is punishable by imprisonment for a period ranging from one to 25 years, depending on the jurisdiction and the circumstances of the offense.

For example, in California, perjury is a felony punishable by imprisonment in state prison for two, four, or six years (California Penal Code §118). In New York, perjury is also a felony punishable by imprisonment for up to four years (New York Penal Law §210.30). In contrast, some minor perjury violations, such as making a false statement under oath in a probate proceeding, may be treated as misdemeanors with penalties of up to 90 days in jail or a fine of up to $500 (California Probate Code §13111).

Felony Perjury Offenses

In the United States, most perjury offenses are punishable as felonies, regardless of the jurisdiction. These offenses typically involve:

• Willful and material false testimony: Making false statements under oath that can affect the outcome of a legal proceeding, such as a trial or administrative hearing.
• False testimony in a court of law: Giving false testimony in a court of law, including federal court, state court, or juvenile court.
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• False testimony in a legislative proceeding: Making false statements under oath in a legislative proceeding, such as a congressional hearing or a state legislative inquiry.

Examples of felony perjury offenses include:

• False testimony in a murder trial: A witness provides false testimony in a murder trial, stating that a defendant was at the scene of the crime when the defendant was actually at home at the time of the murder.
• False testimony in a bankruptcy proceeding: A debtor provides false testimony in a bankruptcy proceeding, stating that they are insolvent when they have actually hidden assets.
• False testimony in a congressional hearing: A witness provides false testimony in a congressional hearing, stating that they have no knowledge of wrongdoing when they actually have significant information about the matter being investigated.

Misdemeanor Perjury Offenses

While most perjury offenses are punishable as felonies, some jurisdictions may treat minor or technical violations as misdemeanors. These offenses typically involve:

• Technical or trivial false statements: Making minor or technical false statements that do not affect the outcome of a legal proceeding, such as a false statement about a minor detail.
• False statements outside of a legal proceeding: Making false statements under oath in a non-legal setting, such as in a deposition or an arbitration proceeding.

Examples of misdemeanor perjury offenses include:

• False statement in a probate proceeding: A person makes a false statement under oath in a probate proceeding, stating that they are the beneficiary of a will when they are not.
• False statement in a deposition: A witness makes a false statement under oath in a deposition, stating that they have no knowledge of certain facts when they actually have some knowledge.
• False statement in an administrative hearing: A person makes a false statement under oath in an administrative hearing, stating that they have no interest in a matter when they actually have a significant financial interest.

Consequences of Perjury

Perjury is a serious offense that can have severe consequences, including imprisonment, fines, and damage to one’s reputation. In addition to the potential criminal penalties, perjury can also lead to:

• Loss of credibility: A person who has committed perjury may have their credibility questioned in all future legal proceedings.
• Loss of employment: A person who has committed perjury may be subject to disciplinary action or even termination from their employment.
• Financial penalties: A person who has committed perjury may be ordered to pay fines or other financial penalties.

Conclusion

In conclusion, perjury is generally a felony offense in the United States, punishable by imprisonment for a period ranging from one to 25 years, depending on the jurisdiction and the circumstances of the offense. However, some minor or technical violations may be treated as misdemeanors. It is essential for individuals to understand the law and the potential consequences of perjury to avoid committing this serious offense.

Note: This table is not exhaustive, and the laws regarding perjury may vary depending on the jurisdiction.