Federal Perjury Charges and Defense in Federal Court
What Is Federal Perjury?
Federal perjury is the crime of knowingly making a false statement under oath in a federal proceeding.
Under federal law, a person commits perjury when they:
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Take an oath to tell the truth, and
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Willfully make a false statement about a material matter
Perjury is prosecuted under federal statutes and may carry up to five years in federal prison and substantial fines.
Not every inaccurate statement is perjury. The government must prove the false statement was made intentionally and not due to confusion, mistake, or faulty memory.
Your best hope for a favorable outcome is with an experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles. To schedule a consultation, call (424) 372-3112 or use the contact form here.
What Federal Laws Govern Perjury?
There are three primary federal statutes that address perjury-related offenses.
18 U.S.C. § 1621 – Perjury Generally
This statute applies when a person:
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Takes an oath before a competent tribunal or officer, and
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Willfully makes a false statement about a material matter
The prosecution must prove:
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The statement was made under oath
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The statement was false
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The statement was material
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The defendant did not believe the statement was true
Conviction carries a maximum of five years' imprisonment
18 U.S.C. § 1622 – Subornation of Perjury
Subornation of perjury occurs when someone persuades or induces another person to commit perjury.
To convict under § 1622, prosecutors must show:
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The defendant knowingly encouraged false testimony
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The witness actually committed perjury
The penalties are the same as direct perjury.
18 U.S.C. § 1623 – False Declarations Before a Court or Grand Jury
Section 1623 applies specifically to false statements made before:
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Federal courts
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Federal grand juries
It criminalizes knowingly making false material declarations under oath in judicial proceedings.
This statute is often used in grand jury investigations and high-profile federal cases.
What Must the Government Prove?
To secure a conviction for federal perjury, prosecutors must prove beyond a reasonable doubt:
The Statement Was Under Oath
The defendant must have been legally obligated to tell the truth.
The Statement Was False
The government must prove the statement was objectively false.
The Statement Was Material
A material statement is one capable of influencing the outcome of the proceeding.
The Defendant Acted Willfully
The false statement must have been made intentionally, not accidentally or due to confusion.
Failure to prove any one of these elements can result in acquittal.
What Are the Penalties for Federal Perjury?
If convicted under 18 U.S.C. §§ 1621–1623, penalties may include:
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Up to five years in federal prison
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Fines up to $250,000
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Supervised release
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A permanent federal felony conviction
Additional consequences may include:
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Loss of professional licenses
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Immigration consequences for non-citizens
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Damage to credibility in future proceedings
Perjury convictions can also negatively affect sentencing in other federal cases.
Is Every False Statement Perjury?
No.
Federal perjury requires proof of intent. A person is not guilty of perjury simply because:
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They misremembered events
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They misunderstood the question
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They made a mistake
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The question was ambiguous
The prosecution must show the defendant knew the statement was false when it was made.
Common Federal Perjury Defenses
An experienced federal criminal defense attorney may raise several defenses depending on the facts of the case.
Lack of Intent
If the defendant did not knowingly lie, perjury cannot be proven.
Confusion, faulty memory, or misunderstanding may defeat the intent element.
Statement Was Not Material
If the alleged false statement could not have influenced the proceeding, it may not meet the legal definition of materiality.
The Statement Was Actually True
If the statement was factually accurate or capable of truthful interpretation, the prosecution may fail to prove falsity.
Ambiguous Question Defense
If the underlying question was vague or unclear, it may be impossible to prove a deliberate false response.
Recantation
Under 18 U.S.C. § 1623, a defendant may avoid conviction if they correct the false statement during the same proceeding before it substantially affects the case.
Constitutional Violations
If the statement was obtained in violation of constitutional rights, such as coercion or lack of proper advisement, it may be challenged.
Federal Investigations and Perjury Risk
Perjury charges often arise during:
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Grand jury investigations
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Congressional hearings
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Federal civil depositions
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Criminal trials
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Bankruptcy proceedings
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Immigration proceedings
Many perjury cases stem from statements made during investigations rather than the underlying alleged crime.
Before testifying in any federal proceeding, legal counsel is critical.
How Perjury Differs From False Statements Under 18 U.S.C. § 1001
Federal law also criminalizes false statements to federal agents under 18 U.S.C. § 1001.
Unlike perjury:
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§ 1001 does not require an oath
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Statements can be made during interviews with federal agents
Penalties are similar and can carry up to five years in prison.
Frequently Asked Questions
Can you go to prison for lying in federal court?
Yes. Federal perjury carries up to five years in prison.
Is perjury hard to prove?
Yes. Prosecutors must prove willfulness, materiality, falsity, and that the statement was under oath.
What if I corrected my statement?
In certain circumstances under § 1623, recantation may prevent conviction if done promptly.
Can I be charged for lying during a grand jury?
Yes. False statements before a federal grand jury fall under § 1623.
What should I do if I am under investigation for perjury?
You should not speak to investigators without an experienced federal defense attorney present.
Why Early Legal Representation Matters
Federal perjury cases often involve:
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Complex legal standards
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Extensive document review
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Detailed transcript analysis
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Aggressive federal prosecutors
An experienced federal defense lawyer can:
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Evaluate transcript inconsistencies
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Challenge materiality
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Identify ambiguity defenses
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Negotiate with prosecutors
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Prepare for federal trial if necessary
Early intervention may prevent formal charges from being filed.
Speak With a Federal Criminal Defense Attorney
If you are under investigation or charged with federal perjury, the stakes are extremely high. You need experienced federal defense representation to protect your rights and reputation.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help. Schedule your consultation using the contact form or call us at (424) 372-3112.
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