According to Chapter 47 of the Texas Penal Code, perjury is a criminal offense that’s defined as “knowingly making a false statement under oath.” The severity of the charge can vary from a Class A misdemeanor to a third-degree felony. If someone persuades another party to commit this type of crime, he or she is guilty of “subornation of perjury” (which is also a serious crime). If you have been accused of this type of offense, you should seek the help of a criminal defense attorney as soon as possible.
The Legal Definition of Perjury in Texas
Texas perjury is a complicated offense with many different facets, but you’re guilty of this crime if you willfully provide false information (oral or written) while you’re under oath or have sworn to the truth of a false statement you have made while you were under oath. This law helps the Texas judicial system to preserve the sanctity of the truth and the integrity of any statements that were made under oath.
To find someone guilty of perjury, prosecutors must be able to prove the following:
- That the defendant made a false statement.
- That the statement was made under oath.
- That the defendant knowingly made the statement.
- That the defendant made the statement with deceitful intentions.
The penalties for perjury in Texas can include incarceration and steep fines. So if you have been accused of this crime, you should speak to a qualified attorney as soon as possible.
The Difference Between Ordinary Perjury and Aggravated Perjury
Also referred to as “simple perjury,” ordinary perjury is committed when you make a false statement or testimony during any type of official proceeding where an oath is legally required. This can include any statements that were made in written documents (such as affidavits or any other written statements that were given under penalty of perjury). Ordinary perjury is considered to be a Class A misdemeanor, which can lead to one year in County Jail and a fine of up to $4,000.
You might be guilty of aggravated perjury if you make a false testimony or swear to a false statement in any official proceeding where an oath is required. It must also be made knowingly and with the intent to deceive. Aggravated perjury is considered to be a third-degree felony, which can lead to a prison sentence of 2-10 years and a fine of up to $10,000.
How Subornation of Perjury is Legally Defined
Most people have heard of perjury, but few of them know about “subornation of perjury” (which is when someone willfully procures another party to make a false statement under oath or swear to the truth of a false statement that was made before. The statement must be required or authorized by law to be made under oath, but it must be considered “material” (which is a point that is often argued).
Many subornation of perjury charges are put on attorneys who are accused of persuading clients to lie under oath. It can also be considered aggravated perjury, which is a third-degree felony. Because perjury is considered a “crime of moral turpitude,” the attorney being brought up on these charges could face sanctions and even be disbarred.
Your Right to Remain Silent
One of the most important rights you have as a citizen of the United States is your right to remain silent. It’s one of your Miranda rights, which are rooted in the Fifth and Sixth Amendments of the U. S. Constitution. This right is based on the idea that no person should be compelled to bear witness to themselves, which safeguards you from self-incrimination and protects you from potentially harmful consequences that can come from ill-considered or misconstrued statements.
By exercising your right to remain silent, you can avoid the risk of committing perjury while you’re giving testimony under oath. It can also protect you when there’s the possibility that your testimony could incriminate you or expose you to legal consequences. You can avoid the need to make potentially false statements or reveal any self-incriminating information.
While the Constitution gives you the right to remain silent, it’s not absolute. There are times when the courts can compel you to testify (such as under a grant of immunity or in situations where the possibility of self-incrimination is minimal). Every case is different, so the applications for the Fifth Amendment can vary according to specific circumstances and legal context.
If you’re facing perjury charges and are looking for a criminal defense attorney to help you with your case, be sure to get in touch with Gale Law Group.