Perjury is a term that most people recognize, typically associated with lying under oath. However, not everyone is familiar with the concept of aggravated perjury, which is a more serious offense under Texas law. Let’s take a closer look at what aggravated perjury entails in Texas, how it differs from regular perjury, the legal consequences, and how a criminal defense lawyer can help if you are facing these charges.
What Is “Perjury” in Texas?
First, what is perjury? According to the Texas Penal Code, a person can commit perjury in one of two different ways:
- they make a false statement under oath or swear to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath
- they make a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code
Perjury can occur in various settings, such as in court, during depositions, in affidavits, or in written statements where the person has sworn to tell the truth.
Perjury is a class A misdemeanor in the state of Texas, the highest misdemeanor level that a person can be charged with. It carries a maximum penalty of up to one year in county jail and/or a fine of up to $4,000.
Perjury Charges: An Example
Let’s look at a real-world example of this to get a better idea of what this means:
Stephen is applying to work for the government. He really wants the job and twists the truth a bit on his application. Even though he didn't graduate from university, he writes down that he has a degree from the University of Texas to impress his potential boss.
Because this is an application for a government job and, therefore, being reviewed by a government employee, Stephen has now committed perjury.
Now that you understand perjury, it's time for the next question: what exactly can the addition of “aggravated” do to the charge?
What Is Aggravated Perjury in Texas?
In criminal and tort law, the term aggravated means an intensification of a charge. This is commonly heard in criminal law in conjunction with assault, but it can be applied to a variety of charges.
In this case, it is used with the perjury charges to clarify the more severe form of the crime.
According to the Texas Penal Code, aggravated perjury happens when a person commits perjury under the following circumstances:
- in connection with an official proceeding
- is material
An "official proceeding" refers to any type of judicial, legislative, administrative, or other government proceeding where the law requires that testimony or information be given under oath. The term "material" means that the false statement could have affected the course or outcome of the proceeding.
Aggravated perjury is classified as a third-degree felony that comes with a penalty of 2-10 years in state prison and/or a fine not to exceed $10,000.
Aggravated Perjury: An Example
Continuing on the example above of Stephen, let's look at how aggravated perjury law works in the real world:
Stephen is the lone patron at a bar during a robbery. He later discovers that the man who robbed the establishment was his brother-in-law. Not wanting to incriminate his relative, Stephen decides to lie on the stand. During the trial, Stephen claims that he didn't see the robbery as he was in the bathroom, even though security footage shows him sitting by the door.
Stephen has now committed aggravated perjury. As a witness to the crime, his testimony would have had a direct impact on the outcome of the trial. However, he decided to lie during the trial instead, which is a felony.
Defending Against Aggravated Perjury Charges
Facing an aggravated perjury charge is a daunting prospect, but there are several defenses that a skilled criminal defense lawyer can explore:
- Lack of Intent: For a conviction, the prosecution must prove that you intentionally made a false statement with the intent to deceive. If your statement was a result of confusion, misunderstanding, or a mistake, this could serve as a defense.
- Immateriality: If the false statement was not material to the outcome of the proceeding, this could be a defense. The statement must be shown to have had the potential to affect the proceeding’s outcome.
- Recantation: In some cases, retracting your false statement before it significantly impacts the proceeding could be a viable defense. However, the timing and manner of the recantation are crucial.
- Duress or Coercion: If you were forced or coerced into making the false statement under threat or harm, this might serve as a defense against the charges.
- Insufficient Evidence: The burden of proof lies with the prosecution. If they cannot provide sufficient evidence to prove that you made the false statement intentionally and with knowledge of its falsity, the charges may not hold.
The Role of a Criminal Defense Lawyer
If you are facing aggravated perjury charges, it’s imperative to have a knowledgeable criminal defense lawyer by your side. Here’s how an attorney can help:
- Case Evaluation: A criminal defense lawyer will thoroughly evaluate the circumstances of your case, including the context of the alleged false statement, the proceedings in question, and any evidence presented by the prosecution.
- Building a Defense: Based on the case evaluation, your lawyer will develop a robust defense strategy, potentially challenging the materiality of the statement, the intent behind it, or the credibility of witnesses.
- Negotiating Plea Deals: In some cases, it may be possible to negotiate a plea deal to reduce the charges or penalties. Your lawyer can negotiate with the prosecution on your behalf, seeking the most favorable outcome.
- Trial Representation: If your case goes to trial, having an experienced lawyer to represent you is crucial. They will present evidence, cross-examine witnesses, and argue on your behalf to achieve the best possible result.
- Protecting Your Rights: Throughout the legal process, your lawyer will ensure that your rights are protected and that you are treated fairly under the law. They will guide you through each step of the process, providing advice and support.
Final Thoughts on Texas Aggravated Perjury
It is important to remember that the charge of perjury becomes aggravated when the lie is told in the course of a trial, and the lie or omission is material.
In the state of Texas, being charged with perjury alone can potentially land you in a state jail and responsible for a fine. However, the more severe charge of aggravated perjury means you are guaranteed to spend a few years in state prison.
There are exceptions to this and ways that you can still defend yourself, but your best option, if charged, is to start working with an experienced Texas criminal attorney as soon as possible.
About the Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU, and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor, building cases designed to put people behind bars. Now, he uses that knowledge to protect the rights of people in and around Fort Worth, making sure they receive the strongest possible defense when they find themselves on the wrong side of the law. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.