Perjury

Perjury: Laws and Penalties

“I swear to tell the truth, the whole truth, and nothing but the truth” – a mantra recited dozens of times a week in TV shows and movies. It’s so familiar that its significance can be overlooked. But, when sworn in a court or other official proceeding, it makes everything said afterward either the truth or perjury.

Suborning Perjury

Federal laws against suborning perjury set the punishment at up to five years in prison, plus fines. States also punish suborning perjury, which is always a felony and will carry the possibility of at least a year in state prison.

Tax Perjury: Lying on Your Tax Returns

Almost anyone who has ever signed a tax return—even the most forthcoming among us—has at least wondered what kinds of misrepresentations land taxpayers in hot water. Fudging tax documents is called “tax perjury”: It occurs when taxpayers intentionally file fraudulent documents or help others do the same. It’s a crime under federal law.

A witness lied during my trial, and I was convicted. Can I sue him?

An individual who is convicted based on false testimony cannot sue the lying witness for civil (or money) damages.

I sued my ex-business partner, who lied at trial. I lost. Can I sue him if I can prove he lied?

Every witness who testifies under oath in any proceeding is immune from civil liability for money damages, even for false testimony. This means that a witness under oath cannot be sued for damages by another person who may have suffered a loss as a result of that false testimony.

If a witness refuses to take the oath and later lies, can he be charged with perjury?

Only someone who actually testifies under oath can commit perjury. If a person never testifies under oath, he cannot commit perjury no matter how many lies he may tell. A lie that is not told under oath is simply a lie.

I felt threatened by the suspect, so I lied on the stand: can I be charged with a crime?

The night before I was to supposed to testify about a robbery I witnessed, someone I don't know texted me a photo of my young daughter walking home from school that day. I was so scared that I lied on the stand and said I didn't see the robber in the courtroom. Can I be charged with a crime?

I refused to take the stand because I felt intimidated by my ex-husband; did I commit perjury?

I was called to testify in a domestic violence trial against my ex-husband. He had recently told our son that if I ever testified against him, he would tell the family court that I am an unfit parent because I'm an alcoholic (I am in recovery and sober for 5 years). He never threatened me directly, but I was intimidated and refused to take the stand against him.

My ex-wife lied during our divorce mediation at family court. Can I sue her for slander?

You very well may be able to sue your ex-wife. When someone lies and the lie hurts other people, even when it hurts only their reputations, the injured person can sue for slander and seek financial damages.

Can someone be prosecuted for perjury for lying about their income on their taxes?

Question I helped my father with his tax return. While reviewing the return he filed last year, I saw that he lied about his income. Could he be prosecuted for perjury? Do I have to report him?

I accidentally lied during my deposition; could I be charged with perjury?

In my deposition in the personal injury case I filed after a car accident, I forgot that the airbag had deployed when I was hit. Now it's time for my trial, and my sister reminded me about the air bag. At trial, if I say that the bag deployed, could I be accused of perjury? Does my sister have anything to worry about?

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