Legal question: Is perjury a felony in Texas? - The Firearms Forum

MikeTx · 09-10-2008, 10:10 AM

I can't seem to find a clear answer, Does anyone know? The deal is, two people are lying to cover up the facts in a legal matter, hoping to influence the outcome of the trial. Physical evidence proves they are lying. I'd just like to see them put in jail.

Pistolenschutze · 09-10-2008, 12:51 PM

Yes it is, Mike, according to Chapter 37 of the Texas Penal Code, at least under certain circumstances. Here's a link that will give you the full scoop:

http://law.onecle.com/texas/penal/chapter37.html

user · 09-10-2008, 01:27 PM

Quote:

Originally Posted by MikeTx

... two people are lying to cover up the facts in a legal matter....

Of course, lying in and of itself is not illegal. Lying under oath as to a bit of information that is relevant and material to the case under adjudication is perjury.

Next question, suppose you got 'em on the perjury. How are you going to get them arrested? Got a copy of the record from a court reporter? Got witnesses who agree on what they heard the perpetrator say? You'll need both. Usually, it's only prosecutors who bring perjury charges, and that's generally when someone was found "not guilty" whom the prosecutors felt really should have been nailed. Of course, I have no experience on that point in Texas, but thats what happens around here.

jim summers · 09-10-2008, 01:37 PM

I can't imagine that lying under oath in a criminal trial would not be illegal no matter what state it is.

To Whom Much Is Given, Much Is Required.

MikeTx · 09-10-2008, 02:16 PM

It's a civil trial.

Marlin · 09-10-2008, 02:19 PM

Each state's criminal code will spell out the penalty for perjury and how it classifies such, whether a misdemeanor or a felony.

44-40 Willy · 09-10-2008, 06:28 PM

Don't matter if it's a civil or a criminal case, perjury is perjury. All too often though, perjury cases are not pursued.

user · 09-10-2008, 07:42 PM

Quote:

Originally Posted by MikeTx

It's a civil trial.

Doesn't matter. It's the violation of the oath that counts.

fedupdon · 09-11-2008, 02:39 PM

not if you dont get caught

NickfromAvvo · 09-12-2008, 05:26 PM

From glancing at the Texas Penal code chapter 37, it appears perjury is a class A misdemeanor and aggravated perjury is a third degree felony, aggravated being perjury done in the course of, or in connection to, an official proceeding and where the false statement is material.

If you want an attorney's take on the matter, you can ask attorneys legal questions at Avvo's free legal advice Q&A forum.

bluesea112 · 09-13-2008, 01:18 PM

Perjury is hard to prove beyond a reasonable doubt.

09-10-2008, 10:10 AM	#1
MikeTx Member Join Date: Aug 2008 Posts: 27	Legal question: Is perjury a felony in Texas? I can't seem to find a clear answer, Does anyone know? The deal is, two people are lying to cover up the facts in a legal matter, hoping to influence the outcome of the trial. Physical evidence proves they are lying. I'd just like to see them put in jail. -->

09-10-2008, 12:51 PM	#2
Pistolenschutze Advanced Senior Member Join Date: Nov 2005 Location: Colorado Posts: 13,094	Re: Legal question: Is perjury a felony in Texas? Yes it is, Mike, according to Chapter 37 of the Texas Penal Code, at least under certain circumstances. Here's a link that will give you the full scoop: http://law.onecle.com/texas/penal/chapter37.html __________________ --Pistolenschutze (Pistol Shooter)

09-10-2008, 01:37 PM	#4
jim summers Advanced Senior Member Join Date: Jul 2008 Location: I reside in southern Indiana, you can almost step out of my back door and be setting on Patoka Lake Posts: 1,056	Re: Legal question: Is perjury a felony in Texas? I can't imagine that lying under oath in a criminal trial would not be illegal no matter what state it is. To Whom Much Is Given, Much Is Required.

09-10-2008, 02:16 PM	#5
MikeTx Member Join Date: Aug 2008 Posts: 27	Re: Legal question: Is perjury a felony in Texas? It's a civil trial.

09-10-2008, 02:19 PM	#6
Marlin TFF Admin Staff Chief Counselor Join Date: Mar 2003 Location: At SouthernMoss' side forever! Contributor Posts: 13,853	Re: Legal question: Is perjury a felony in Texas? Each state's criminal code will spell out the penalty for perjury and how it classifies such, whether a misdemeanor or a felony. __________________ *The flag represents a living country and is itself considered a living thing.* *The only criminal class native to the United States is Congress.*

09-10-2008, 06:28 PM	#7
44-40 Willy V.I.P. Member Join Date: Apr 2008 Location: West Tennessee Posts: 213	Re: Legal question: Is perjury a felony in Texas? Don't matter if it's a civil or a criminal case, perjury is perjury. All too often though, perjury cases are not pursued.

09-11-2008, 02:39 PM	#9
fedupdon V.I.P. Member Join Date: Jun 2008 Posts: 307	Re: Legal question: Is perjury a felony in Texas? not if you dont get caught

09-12-2008, 05:26 PM	#10
NickfromAvvo Member Join Date: Sep 2008 Posts: 1	Re: Legal question: Is perjury a felony in Texas? From glancing at the Texas Penal code chapter 37, it appears perjury is a class A misdemeanor and aggravated perjury is a third degree felony, aggravated being perjury done in the course of, or in connection to, an official proceeding and where the false statement is material. If you want an attorney's take on the matter, you can ask attorneys legal questions at Avvo's free legal advice Q&A forum.

09-13-2008, 01:18 PM	#11
bluesea112 Advanced Senior Member Join Date: Nov 2005 Location: West, TX Contributor Posts: 1,257	Re: Legal question: Is perjury a felony in Texas? Perjury is hard to prove beyond a reasonable doubt.