Understanding Perjury: Felony or Misdemeanor, High Crimes or Misdemeanors?

Perjury, the crime of lying under oath, can be a complex legal matter with varying degrees of punishment and implications. Understanding whether perjury is classified as a felony or a misdemeanor, and whether it falls under the category of high crimes or misdemeanors, can be nuanced and context-dependent. This article examines these concepts in relation to perjury and how they apply in different settings.

Perjury: Felony or Misdemeanor?

The classification of perjury as either a felony or a misdemeanor depends largely on the severity of the case in question. Generally, in most jurisdictions in the United States, perjury can be charged as either a misdemeanor or a felony, depending on the specific circumstances.

Felony Perjury:

Perjury that involves material facts that have the potential to significantly alter the outcome of a case, especially in federal court, may result in felony charges. Felony perjury can carry severe penalties, including substantial fines and lengthy prison sentences. For instance, perjury that leads to a conviction for a serious crime like murder can be a felony punishable by life in prison in some states.

Misdemeanor Perjury:

However, if the perjury involves less significant or non-material facts, it may be classified as a misdemeanor. Misdemeanor perjury is generally considered a minor offense and often results in less severe penalties, such as fines and a short period of jail time.

Lying to Law Enforcement and Judges: Crime or Misdemeanor?

The consequences of perjury can also vary depending on whether the lie is told to law enforcement or a judge. In general, lying to law enforcement officers may not be a criminal offense unless the lie involves information related to a serious crime or the identity of a suspect. In such cases, the offense can escalate from an administrative infraction to a serious crime.

Lying to Law Enforcement:

While lying to law enforcement, especially about a serious crime, can be taken very seriously, it may not be classified as a criminal offense unless it involves obstruction of justice or other severe actions. If the lie is about a minor issue, it may be considered mildly annoying but not criminal. Nevertheless, the severity and specific context of the lie can affect the legal consequences.

Lying to a Judge:

Perjury committed in a court of law and under oath is a much more serious offense. If a judge becomes aware of a lie and the individual refuses to correct it, the consequences can be severe, resulting in felony charges. The same applies to lying to the US Senate, although such incidents are rare and typically result in significant political consequences, such as the Senate possibly deciding to convict and remove the official from office.

High Crimes and Misdemeanors: A Term of Art

The phrase "high crimes and misdemeanors" is often associated with articles of impeachment. This term has a specific legal meaning and is a term of art used in the context of impeachment proceedings.

What Constitutes High Crimes and Misdemeanors:

The term "high crimes and misdemeanors" essentially refers to any form of official misconduct that an adjudicating body deems sufficient to remove an official from office. Wikipedia provides a detailed explanation, stating that the phrase covers a wide range of misconduct, including perjury, abuse of authority, bribery, intimidation, misuse of assets, dereliction of duty, and unbecoming conduct, among other offenses. Perjury has indeed been used as the basis for impeachment proceedings. For example, one of the articles of impeachment against Bill Clinton was based on perjury committed to the grand jury, although he was not removed from office by the Senate.

Conclusion

Perjury can be a serious offense with potential felony or misdemeanor charges, and it can also fall under the broader category of high crimes or misdemeanors in the context of impeachment proceedings. The severity of the case, the jurisdiction, and the specific circumstances all play a crucial role in determining the classification and consequences of perjury.

It is essential to understand that perjury is a serious violation of the law and can have significant legal and personal ramifications. If you believe you have been a victim of perjury or are facing charges for perjury, consulting a licensed attorney in your jurisdiction is recommended to ensure your rights are protected.

Disclaimer: This article is not a substitute for professional legal advice. If you believe you have been involved in perjury or are facing charges, seek the advice of a licensed attorney in the appropriate jurisdiction immediately.