If you have been charged with perjury in Massachusetts, you are facing a serious felony that can carry up to 20 years in state prison — but there are real defenses available, and an experienced criminal defense attorney can help.
Testifying under oath — whether in a courtroom, a deposition, or before a grand jury — is one of the most stressful things a person can be asked to do. Most people who face perjury charges are not hardened criminals. They are ordinary people who found themselves in difficult situations: protecting someone they love, misremembering a detail under pressure, or simply being confused or frightened.
If you or someone you care about is facing a perjury charge in Massachusetts, this guide will walk you through what the law says, what the penalties are, what defenses exist, and why it is so important to have a skilled criminal defense attorney by your side.
What Is Perjury Under Massachusetts Law?
Under Massachusetts General Laws Chapter 268, Section 1, perjury is defined as willfully swearing or affirming something false while under a legal obligation to tell the truth, in a matter that is material — meaning important — to the proceeding.
There are two main ways someone can be charged with perjury in Massachusetts:
- While testifying in a judicial proceeding or a proceeding in a course of justice — such as a trial, a deposition, or a grand jury hearing — the person willfully makes a false statement about something that matters to the outcome.
- While under any oath or affirmation required by law — such as swearing to the truth of an affidavit or a written statement — the person willfully makes a false statement about something relevant to that oath.
In plain terms: you must be (1) under oath, (2) say something false, (3) know it is false, and (4) the false statement must matter to the proceeding. If all four of those things are true, the Commonwealth may charge you with perjury.
What Does the Commonwealth Have to Prove?
To convict someone of perjury, the prosecution must prove every element beyond a reasonable doubt. Those elements are:
- You were lawfully required to tell the truth. This means you were under oath or affirmation in a legal proceeding or were required by law to swear to the truth of a statement.
- You made a false statement. The statement must actually be untrue.
The statement was material. “Material” means the statement had something to do with an important issue in the case — not just an unimportant or side detail. - You acted willfully. This is the most important word in the law. You must have intentionally lied — you knew what you were saying was false at the time you said it.
The "Two Contradictory Statements" Rule
Massachusetts law also allows perjury charges to be based on two contradictory sworn statements — even if the prosecution cannot prove which one is false — as long as:
- Both statements were made in proceedings related to a violent crime (as defined by G.L. c. 140, § 121),
- Both statements were material to the proceeding, and
- The two statements are so inconsistent that one of them must be false.
This is sometimes called “inconsistent declarations” or perjury. It means prosecutors do not always have to pin down exactly which version of events was the lie — just that you told two irreconcilable stories under oath.
Where Can Perjury Charges Arise?
Perjury does not only happen on the witness stand during a trial. You can face a perjury charge for false sworn statements in many settings, including:
- Trial testimony in criminal or civil court
- Grand jury testimony
- Depositions (sworn question-and-answer sessions outside court)
- Affidavits (written sworn statements filed with a court)
- Probate and family court filings that require sworn verification
- Restraining order applications that include sworn statements
Anywhere that you are asked to swear or affirm that what you are saying is true, and you say something false and important, perjury can be charged.
Perjury vs. False Statements: What Is the Difference?
People sometimes confuse perjury with the related crime of making a false statement under the penalty of perjury under G.L. c. 268, § 1A. Under that law, written statements that contain a declaration that they are true — even if not sworn before a notary or judge — can be treated the same as an oath. Lying on such a form can carry the same penalties as perjury itself. The key difference is that classic perjury involves live sworn testimony, while Section 1A covers written statements made under a penalty-of-perjury declaration.
There is also subornation of perjury under G.L. c. 268, § 2, which means convincing or pressuring someone else to commit perjury. That carries the same punishment as committing perjury yourself.
Is Perjury a Felony or a Misdemeanor?
Perjury is a felony in Massachusetts. This is an important distinction. Being convicted of a felony carries consequences that go far beyond a fine or a short jail sentence — it can affect your right to vote, your ability to own a firearm, your employment, your housing, and much more.
What Are the Penalties for Perjury?
The penalties for perjury in Massachusetts are serious:
- In most cases: Up to 20 years in state prison, or up to 2½ years in a house of correction (county jail), or a fine of up to $1,000, or both the fine and the house of correction sentence.
- Perjury in the trial of a capital crime (a crime punishable by life imprisonment): Life in state prison or any term of years.
The Massachusetts Sentencing Commission classifies standard perjury as an Offense Level 5 felony. Under the sentencing guidelines, for a first-time offender, this typically means a recommended sentence in the range of 2½ years to 4 years in the house of correction or state prison, though the judge has discretion based on the circumstances.
Other Consequences of a Perjury Conviction
A perjury conviction does not end when you leave the courthouse. It can follow you for years — or the rest of your life — in ways that may surprise you.
Criminal Record / CORI
A felony perjury conviction will appear on your Criminal Offender Record Information (CORI). This can affect your ability to get a job, rent an apartment, or obtain professional licenses.
Immigration Consequences
If you are not a U.S. citizen — including if you are a lawful permanent resident (green card holder) — a perjury conviction can have devastating immigration consequences. Perjury is generally considered a crime involving moral turpitude, which can make a noncitizen deportable or inadmissible.
Even a continuance without a finding (CWOF) — a common Massachusetts disposition that many people think avoids a conviction — can count as a conviction for immigration purposes if it is accompanied by any probation or other conditions. If you are not a U.S. citizen, your attorney must understand both the criminal and immigration consequences of any disposition in your case.
Loss of Firearm Rights
A felony conviction in Massachusetts generally disqualifies you from possessing or purchasing a firearm under both state and federal law.
No Sex Offender Registration or RMV Consequences
If you hold a professional license — as a lawyer, nurse, doctor, teacher, or in many other fields — a felony perjury conviction can result in disciplinary proceedings, suspension, or permanent revocation of your license.
Pretrial Detention / Dangerousness
While perjury is a serious felony, it is not one of the crimes that triggers an automatic dangerousness hearing under G.L. c. 276, § 58A — the law that allows a judge to hold someone without bail if they are found to be a danger to the community. That said, a judge may set high bail or impose strict conditions depending on the circumstances of the alleged offense, the person’s record, and other factors. An attorney can argue for reasonable bail conditions at an arraignment.
Defenses to a Perjury Charge
The law itself recognizes several important defenses to perjury, and Massachusetts courts take these seriously. Here are the main ones:
1. You Believed What You Said Was True (Good Faith Mistake)
This is the most important defense available. The law expressly states that it is a defense if, at the time you made the statement, you believed it to be true — even if it turned out to be wrong. Human memory is imperfect.
People misremember dates, names, sequences of events, and details — especially under the stress of a legal proceeding. A false statement made due to an honest mistake or a good-faith misunderstanding is not perjury. The prosecution must prove that you knew the statement was false.
2. Lack of Willfulness / Duress
Perjury requires willful falsehood. If you were threatened, coerced, or made the statement under duress, that can negate the willfulness element. Similarly, confusion, fear, trauma, or misunderstanding of the question can all bear on whether you truly acted willfully.
3. The Statement Was Not "Material"
If the false statement had no real bearing on an important issue in the case, it may not meet the legal definition of perjury. This is a legal argument that can be raised in court.
4. Recantation (Correcting the Statement)
Massachusetts law provides a limited protection for people who correct a false statement during the same continuous court or grand jury proceeding — before the false statement has substantially affected the proceeding, and before it has become obvious that the lie is about to be exposed.
This is not a guaranteed protection, and the timing and circumstances matter enormously. If you realize you have said something false under oath, do not try to navigate this on your own — speak with a lawyer immediately.
How Prosecutors Build a Perjury Case
Perjury is often considered one of the harder crimes to prove because the standard is high — the prosecution must show that you knew you were lying, not just that you were wrong. Prosecutors typically build their cases using:
- Transcripts or recordings of your testimony, compared against other sworn statements you have made
- Physical evidence that contradicts what you said
- Witness testimony from others who were present or who have relevant knowledge
- Prior statements — emails, texts, prior court filings — that are inconsistent with what you said under oath
- Expert testimony in some cases
The “inconsistent declarations” provision in the statute also means prosecutors may charge perjury by simply presenting two sworn statements you made that cannot both be true, without having to prove which one is the lie.
Tips for Anyone Testifying Under Oath
If you are going to testify in any legal proceeding — as a witness, a party to a case, or anyone else — here are some commonsense guidelines that can protect you:
Tell the truth
This is always the best protection against a perjury charge.
If you do not know, say so
“I don’t know” and “I don’t remember” are completely legitimate answers.
Listen carefully to each question
Answer only what is asked. Do not volunteer extra information.
Ask for clarification
If you do not understand a question before answering it.
Take your time
There is no rule that requires you to answer instantly. Think before you speak.
If you realize you have made an error, correct it
As soon as possible — and speak with your attorney before doing so.
Consult with an attorney before testifying
Whenever possible. Even witnesses who are not facing charges benefit from understanding their rights and obligations before they take the stand.
What Should You Do If You Have Been Charged with Perjury?
Facing a perjury charge can feel overwhelming and frightening — for you and your family. It is important to understand that being charged is not the same as being convicted, and that there are real, recognized defenses under Massachusetts law. What matters most right now is getting experienced legal help as quickly as possible.
At the Law Office of Matthew W. Peterson, we understand that most people charged with perjury are not liars by nature — they are people who found themselves in difficult situations and made choices they now regret, or who are being accused unfairly. We approach every case with compassion and without judgment.
Attorney Peterson is an experienced Boston criminal defense attorney who will carefully review the evidence, identify every available defense, and fight for the best possible outcome in your case. The stakes are high, but you do not have to face this alone.
This blog is intended for general informational purposes only and does not constitute legal advice. Every case is different. Please consult with a qualified criminal defense attorney about your specific situation.
