Perjury refers to lying under oath. It is a crime if you are in court or in another situation where you have been sworn to tell the truth and lie. If you are of perjury, you need the help of a Doraville perjury lawyer. A determined criminal defense attorney can investigate the allegations against you, examine the state’s evidence, and discuss potential defenses.
Perjury and Related Offenses
The state criminalizes perjury and two related offenses: false swearing and subornation of perjury. Many people refer to any of the three charges as perjury, though each has its own elements.
Georgia Code Annotated § 16-10-70 defines perjury as lying during a judicial proceeding, such as trials, court hearings, or depositions. To qualify as a lie, the person must knowingly and willingly offer false testimony, and the matter must be material to the outcome of the case under consideration.
Georgia Code Annotated § 16-10-71 also involves lying about a material fact, but not in judicial proceedings. If a person is under oath or otherwise swears to tell the truth outside a judicial proceeding, lying results in a false swearing charge. Signing pleadings submitted to the court, affidavits, or other official documents can lead to these charges.
Trying to get someone to perjure or falsely swear is subornation of perjury, which refers to convincing or pressuring someone to lie under oath. Suborning perjury usually happens through bribes or threats, both of which are crimes. If the person uses threats, there may be additional charges linked to that crime. A Doraville perjury attorney can help a client understand all that they are charged with and why.
Penalties for Perjury
Perjury, false swearing, and subornation of perjury can all lead to significant punishments. The minimum punishment for a conviction is a fine of up to $1000, one year in jail, or both. The maximum prison term for false swearing is five years. For perjury and subornation, it is ten years.
However, state law contains a karma clause. If the false statement led to someone else’s wrongful incarceration, the potential sentence cannot exceed the convicted person’s sentence. If the lie led to a death sentence, even if the person is not executed, the potential penalty is life in prison.
Because the potential penalties for perjury vary, it is essential to talk to a Doraville attorney who understands the law and the attitudes and positions of local judges, which can have a tremendous impact on a potential sentence.
Defenses Against Perjury and False Swearing Charges
Perjury requires someone to knowingly and willingly make a false statement. This requirement means someone who mistakenly made a false statement has not committed perjury; the belief they were telling the truth is a defense. Making a mistake is also not perjury.
Lying about something inconsequential is not perjury. Even if someone was dishonest, if the dishonesty had no impact on the outcome of the case, it is not perjury. For example, a witness may lie about cheating on their spouse because it is embarrassing to acknowledge, and they do not want to wreck their marriage. As long as that is not relevant to the outcome of the case, perjury does not apply.
Talk to a Doraville Perjury Attorney About a Charge
Even scrupulously honest people lie sometimes. However, lying under oath is a crime, and the potential penalties are severe. If you are charged with perjury, you should consult a Doraville perjury lawyer. An attorney can advise you about whether you need to correct your statement in the case of a mistake. If it was an intentional falsehood, they can discuss your remedies.
An attorney can help you explore potential defenses and explore outcomes. Schedule a consultation to learn more.
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