Perjury is a legal term that refers to lying under oath during a legal proceeding. It can happen during a trial, deposition, or any other legal proceeding where a person is under oath.
Perjury is a serious crime that occurs when a person lies under oath during a legal proceeding. These charges can have severe consequences, including hefty fines and even imprisonment. It is crucial to have a skilled defense lawyer to handle your case so you can avoid incriminating yourself.
This article will answer some of the most commonly asked questions about this legal term, its laws, and possible consequences. To ensure you receive information that is most relevant to your specific situation, it is still best that you contact a criminal defense lawyer.
Is perjury a felony?
In Georgia, perjury is a felony offense and is punishable by imprisonment. Georgia criminal code, under OCGA 16-10-70, defines perjury in the following way:
“A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question.”
Federal law also prohibits lying as a witness in a criminal case.
What are the essential elements of perjury?
The essential elements of this crime are simple: a person must make a false statement while under oath, with the intent to deceive. The statement must be material to the legal proceeding, meaning that it has to be relevant to the case. A person can also be charged if they make two or more statements that are inconsistent with each other under oath.
What is the punishment for perjury?
The penalty of perjury can vary depending on the severity of the offense. In Georgia, perjury is classified as a felony offense, and the punishment can range from one to ten years in prison. If a person commits perjury during a federal investigation or in federal court, they can be sentenced up to five years in prison. The severity of the punishment also depends on the type of legal proceeding during which the perjury was committed.
Can you be charged with perjury for lying outside of a legal proceeding?
No, perjury only applies to lying under oath during a legal proceeding. However, a person can still be charged with other crimes, such as obstruction of justice or making false statements to a federal or state law enforcement, if they lie during an investigation.
Can a person be charged with perjury if they did not intend to lie?
Yes, a person can still be charged with perjury if they did not intend to lie but made a false statement while under oath. The intent to deceive is an essential element of this crime, but a person can still be charged if they make a false statement, even if it was not intentional. The circumstances surrounding the statement will determine whether charges are brought.
What can a white-collar crime defense lawyer do?
A white-collar crime defense lawyer can defend individuals charged with perjury by conducting a thorough investigation of the case. They can gather evidence, interview witnesses, and argue on behalf of their client during trial. Additionally, a skilled defense lawyer can negotiate a plea bargain, which can lead to a reduced sentence or even the dismissal of charges.
Arora Law: Strong and Dependable Criminal Defense
Any felony offense is serious and can lead to long-lasting consequences. If you or someone you know is facing criminal charges, it is crucial to have a skilled defense lawyer to handle the case. Our criminal defense attorneys have extensive experience in white-collar criminal defense. Contact us today for a free consultation.
