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IS THERE A MISDEMEANOR CHARGE ASSOCIATED WITH PERJURY THAT COULD BE USED IN A PLEA NEGOTIA

Customer Question

IS THERE A MISDEMEANOR CHARGE ASSOCIATED WITH PERJURY THAT COULD BE USED IN A PLEA NEGOTIATION ON THE FEDERAL LEVEL?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  RayAnswers replied 4 years ago.
Thanks for your question.This would be a fixed penalty under federal law.It probably woudl be real hard to get the U.S. Attorney here to agree to a misdemeanor in such a situation.

§ 1621. Perjury generally

Whoever—
(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or
(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;
is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.


Here are some alternatives here under Federal Law.Please see the site below--this is a real good article about Perjury in Federal Law..






Edited by RayAnswers on 6/1/2010 at 6:44 PM EST
Expert:  RayAnswers replied 4 years ago.
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 30316
Experience: licensed attorney in Texas for 29 years
RayAnswers and 15 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
ARE THERE ANY ALTERNITIVE CHARGES THAT COULD BE USED IN THIS SITUATION?
Expert:  RayAnswers replied 4 years ago.
They may locate a different federal crime to allow you to plead to here that is within the misdemeanor range.I can tell you that federal crimes are real tough to negotiate down.The reason being there are minimum sentencing guidelines--if you plead here you have to pay a certain amount and serve a certain time.There are very few trials of federal crimes because the potential if there is more than one count can be real high because each one has a fixed minimum time--so they usually find more than one count and scare you into pleading to one.You will need a federal criminal lawyer or public defender.Something like 90% of federal crimes are plead out for this very reason.
Expert:  RayAnswers replied 4 years ago.

Federal Guidelines.

 

Chapter 2 - PART J - OFFENSES INVOLVING THE ADMINISTRATION OF JUSTICE

§2J1.3. Perjury or Subornation of Perjury; Bribery of Witness

(a) Base Offense Level: 14

(b) Specific Offense Characteristics

(1) If the offense involved causing or threatening to cause physical injury to a person, or property damage, in order to suborn perjury, increase by 8 levels.

(2) If the perjury, subornation of perjury, or witness bribery resulted in substantial interference with the administration of justice, increase by 3 levels.

(c) Cross Reference

(1) If the offense involved perjury, subornation of perjury, or witness bribery in respect to a criminal offense, apply §2X3.1 (Accessory After the Fact) in respect to that criminal offense, if the resulting offense level is greater than that determined above.

(d) Special Instruction

(1) In the case of counts of perjury or subornation of perjury arising from testimony given, or to be given, in separate proceedings, do not group the counts together under §3D1.2 (Groups of Closely Related Counts).

Commentary

Statutory Provisions: 18 U.S.C. §§ 201(b)(3), (4), 1621-1623. For additional statutory provision(s), see Appendix A (Statutory Index).

Application Notes:

1. "Substantial interference with the administration of justice" includes a premature or improper termination of a felony investigation; an indictment, verdict, or any judicial determination based upon perjury, false testimony, or other false evidence; or the unnecessary expenditure of substantial governmental or court resources.

2. For offenses covered under this section, Chapter Three, Part C (Obstruction) does not apply, unless the defendant obstructed the investigation or trial of the perjury count.

3. In the event that the defendant is convicted under this section as well as for the underlying offense (i.e., the offense with respect to which he committed perjury, subornation of perjury, or witness bribery), see the Commentary to Chapter Three, Part C (Obstruction), and to §3D1.2(c) (Groups of Closely Related Counts).

4. If a weapon was used, or bodily injury or significant property damage resulted, an upward departure may be warranted. See Chapter Five, Part K (Departures).

5. "Separate proceedings," as used in subsection (d)(1), includes different proceedings in the same case or matter (e.g., a grand jury proceeding and a trial, or a trial and retrial), and proceedings in separate cases or matters (e.g., separate trials of codefendants), but does not include multiple grand jury proceedings in the same case.

Background: This section applies to perjury, subornation of perjury, and witness bribery, generally prosecuted under the referenced statutes. The guidelines provide a higher penalty for perjury than the pre-guidelines practice estimate of ten months imprisonment. The Commission believes that perjury should be treated similarly to obstruction of justice. Therefore, the same considerations for enhancing a sentence are applied in the specific offense characteristics, and an alternative reference to the guideline for accessory after the fact is made.

Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendment 175); November 1, 1991 (see Appendix C, amendments 401 and 402); Novemb

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