When a witness swears to tell the truth in a court of law or in legal documents, they are legally bound to uphold that promise. Any intentional falsehoods or concealment of facts during these times can lead to perjury charges. Understanding when perjury often occurs and the consequences of this charge is critical, as it carries severe legal repercussions.

Definition of Perjury

In Texas, perjury is defined as an individual’s act of intentionally making false statements while under oath or after swearing to the truth of a false statement they know to be untrue in situations where an oath is required by law.

The Texas legislature extends the definition of perjury to include certain unsworn declarations. Under Chapter 132 of the Civil Practice and Remedies Code, making a false declaration without an oath in specific legal situations can also be legally equivalent to perjury.

Common examples of perjury include lying during court testimony, on tax forms, in legal depositions, and within notarized affidavits. Any deliberate falsehood in these contexts can trigger a perjury charge.

What Is Aggravated Perjury in Texas?

Aggravated perjury is a more severe form of perjury in Texas that occurs during an official proceeding. In this context, the statement must be material–meaning it has the capacity to affect the proceeding’s course or result.

A material statement holds significant weight within the context of a legal proceeding, as it is directly tied to the central issues at hand. Whether a statement is material is generally determined by how it relates to the facts and the elements being disputed in the case.

In personal injury cases, a material statement might be a claimant alleging they witnessed a car accident when, in fact, they did not–this testimony could significantly alter the case’s outcome by affecting liability determinations. 

Conversely, a non-material statement would be an assertion irrelevant to the facts under litigation, such as saying you were wearing a different outfit than you really were on the day of the accident, which wouldn’t reasonably impact the case’s resolution. 

Penalties for Being Convicted of Perjury in Texas

In Texas, the act of perjury is not taken lightly in the judicial system. Below are the potential penalties for perjury and aggravated perjury:

  • Perjury: Perjury is classified as a Class A misdemeanor in Texas and carries significant penalties. A person found guilty can face up to one year in county jail and may be required to pay a fine of up to $4,000. 
  • Aggravated perjury: Aggravated perjury carries even harsher consequences, as it’s treated as a third-degree felony. If convicted of this more serious offense, individuals could find themselves facing a prison sentence ranging from 2 to 10 years, in addition to a potential fine of up to $10,000. 
  • Perjury as a crime of moral turpitude: Additionally, perjury is considered a crime of moral turpitude, meaning it is considered to be an offense that calls a person’s character and morality into question. This categorization can bring about further negative consequences, as individuals convicted of crimes of moral turpitude will face serious immigration issues if they are not a United States citizen. 

Convictions may lead to deportation, visa revocation, and inadmissibility, preventing entry or re-entry into the United States. It can also create barriers to obtaining visas or green cards and may disqualify individuals from naturalization.

In these cases, legal advice from an attorney who understands both criminal and immigration law is essential for navigating these complex issues and working to mitigate negative consequences.

Fighting back against perjury charges requires a strong legal strategy. Here are some possible defenses that might be used for defendants facing these charges:

  • Mistake: Demonstrating that the statement was made due to confusion, a misunderstanding, or a lapse in memory rather than deliberate deception.
  • Lack of knowledge: Proving that the defendant believed their statements to be true at the time they were made and did not knowingly lie.
  • No oath: Arguing that the statement wasn’t actually made under a formal oath or affirmation as required by law to constitute perjury.
  • Materiality: Challenging the relevance of the statement, showing that it was not material to the proceeding and thus does not meet the legal standard for aggravated perjury.
  • Vagueness or ambiguity: If the phrasing of questions was vague or ambiguous, it could be argued that the answering party did not intentionally provide false information.

Defending against perjury charges requires a thorough understanding of the case and a strategic approach, using defenses such as those above to challenge the evidence and protect the defendant’s rights.

Contact Our Personal Injury Law Firm in Fort Worth, TX

If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth and Weatherford personal injury lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.

Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 406
Fort Worth, TX 76107
(817) 420-7000

Stephens Law Personal Injury | Wrongful Death | Truck Accidents – Weatherford Office
109 York Ave Suite #201
Weatherford, TX 76086
(817) 409-7000