The crime of perjury in Massachusetts is set out in G.L. c. 268 §1. The statute prohibits you from providing a false statement in a judicial proceeding or a proceeding in the course of justice when you are lawfully required to do so and have sworn to do so. The lie must pertain directly to “a matter material to the issue or point in question”. Materiality depends on whether when viewed objectively the testimony had a reasonable tendency to influence a pertinent determination. A perjury conviction carries with it a possible twenty year state prison sentence. If someone commits perjury in a murder case there is a potential life sentence. In order for someone to convict you of perjury the prosecution must prove beyond a reasonable doubt that your answers were answers were willfully and deliberately and intentionally false.

Perjury is rarely charged in Massachusetts. You have to keep in mind that in almost every criminal trial witnesses for the prosecution say something entirely contradictive to witnesses for the defense. There would be a gross miscarriage of justice if everyone whose testimony conflicted with the prosecution witnesses was charged with perjury. There must be and should be prosecutorial restraint in bringing perjury charges. As the Massachusetts Supreme Judicial Court once held, “talk is cheap” and the Commonwealth bears the burden of proving knowing falsity, as well as “materiality” beyond a reasonable doubt.

Sometimes people have been improperly influenced by law enforcement officials to provide testimony that is not entirely accurate. If the person subsequently decides to tell the truth doing so can subject him to perjury charges. This is where hiring a criminal attorney becomes a necessity. If you have been charged with perjury in Massachusetts call Attorney Kathleen M. McCarthy now. Perjury charges are quite serious and should be defended rigorously with someone who has extensive criminal experience. Kathleen McCarthy is that person. It is never too late to exercise your rights in criminal cases. Your failure to do so can be a critical mistake. Hire a lawyer if you have been charged with a crime or if you believe that you might be charged with a crime.