What is the Law on Perjury of oath in North Carolina and What are the Punishments for it?
According to the federal laws of the United States of America and the exclusive state jurisprudence, though there are numerous types of law-breaking, more often than not crimes can be primarily assorted into two classes. The classification could be crimes against property and crimes against other people. Notwithstanding, perjury, which is broadly defined as an offense of making false statements under oath is considered as a criminal infringement that comes under a whole new class of law-breaking.
Perjury can well be defined as a crime against justice. Law-breaking like perjury is a serious violation of the law that it could even paralyze the criminal justice system. The precise definition of the crime of perjury may vary from jurisdiction to jurisdiction in America. The general definition remains clear across the country as perjury is all about giving falsehoods orally or on paper while remaining under oath.
North Carolina, the southeastern state of the United States has three separate legislative acts regarding perjury. Someone who is ascertained guilty of lying under oath perpetrates a Class F felony. The "Old North State" of North Carolina's jurisprudence puts up that someone who is charged with a Class F felony can be sentenced to penalization, contingent on prior judgments of convictions. Someone without any prior judgments of convictions could get intermediate penalization, but someone convicted of a Class F felony might get active imprisonment.
The Three separate Legislative Acts regarding perjury practiced in the State of North Carolina include
- Subornation of perjury (causing someone to perpetrate perjury)
- Perjury before a legislative committee
Key Provisions of Laws of Perjury of Oath in North Carolina
Statute - North Carolina General Statutes Chapter 14. Criminal Law § 14-209, et seq
Provisions of the Crime
To declare someone guilty of perjury, the attorneys acting for the state to put the case against the defendant must prove the undermentioned elements:
- The person being accused made a false statement under oath
- The person being accused acted in a willful and corrupt manner
- The person being accused made a statement during a courtroom proceeding or any other situation (a pretrial interrogation) under an oath. It is a fact that people usually take an oath in court, to tell the truth. This is just a simple instance in which a falsity could establish lying under oath. Besides the false statements given under oath in the courtroom, falsities made under oath during a pretrial interrogation of a witness and falsehoods deposed in an affidavit can also represent perjury in the state of North Carolina
- The person being accused made falsities that are material to an issue or point under consideration. When a false statement made before a grand jury holds the impression of influencing or deterring the grand jury from following up on a probe, then the statement is considered as a material
Charges Pursued Perjury of Oath in North Carolina
- Perjury - Class F felony
- Subornation of perjury (causing someone to perpetrate perjury) - Class I felony
- Perjury before a legislative committee - Class I felony
Punishments for Perjury in North Carolina
The punishments for a felony judgment of conviction usually devolve on several elements and are dictated by the provisions of respective sections. Nevertheless, if the wrongdoer does not have a previous felony conviction, the undermentioned punishments are cleared by North Carolina’s law.
Additionally, North Carolina classifies punishments into active, intermediate and community punishment where active punishment involves incarceration, intermediate punishment involves monitored probation and community punishment involves no active punishment or probation.
- Class F felony - Active or intermediate punishment between 13 to 16 months
- Class I felony - Community punishment between 4 to 6 months