Perjury

Perjury in Texas: Legal Overview and Penalties

In Texas, perjury is a criminal offense defined under Texas Penal Code §37.02. It involves intentionally or knowingly making a false statement under oath or swearing to the truth of a false statement that is required or authorized by law to be made under oath. This includes false unsworn declarations as specified in Chapter 132 of the Civil Practice and Remedies Code. 

Penalties for Perjury in Texas

Perjury is classified as a Class A misdemeanor in Texas. Individuals convicted may face:

• Imprisonment: Up to 1 year in county jail.

• Fines: Up to $4,000

Alternatively, the court may impose other penalties as deemed appropriate. 

Aggravated Perjury

A more severe form of perjury is aggravated perjury, defined under Texas Penal Code §37.03. This occurs when a person commits perjury, and the false statement:(Silberman Law Firm, PLLC | Texas Lawyers, Findlaw)

• Is made during or in connection with an official proceeding

• Is material, meaning it could have affected the course or outcome of the proceeding (Justia Law)

Aggravated perjury is classified as a third-degree felony, punishable by:

• Imprisonment: 2 to 10 years in state prison

• Fines: Up to $10,000

Defenses to Perjury Charges

Possible defenses against perjury charges in Texas include:(thelinderfirm.com)

• Lack of Intent: Demonstrating that the false statement was made unintentionally(Texas Criminal Defense Group)

• Lack of Knowledge: Proving that the individual did not know the statement was false(Saputo ✭ Toufexis)

• Retraction: Under §37.05, it is a defense to prosecution under aggravated perjury if the actor retracted the false statement before completion of the testimony at the official proceeding and before it became manifest that the falsity of the statement would be exposed (Justia Law)

It’s important to note that irregularities in the administration of the oath or misunderstandings about the oath’s requirements are not valid defenses under §37.07. (Texas Statutes)

Recent Legal Precedents

A notable case highlighting the seriousness of perjury charges in Texas is the prosecution of former Texas state trooper Brian Encinia. He was indicted for perjury after making false statements in his report regarding the arrest of Sandra Bland, which led to national attention and scrutiny. Encinia faced up to one year in jail and a $4,000 fine, although he was not convicted. (Time)

Perjury undermines the integrity of legal proceedings and is treated as a serious offense in Texas. Understanding the elements and penalties associated with perjury and aggravated perjury is crucial for individuals involved in legal matters. If facing perjury charges, consulting with a qualified attorney is advisable to navigate the complexities of the legal system.