Last Updated on: 21st October 2023, 08:46 am

Perjury Charges: Why You Need an Experienced Criminal Defense Lawyer

Being charged with perjury can have serious consequences, which is why having an experienced criminal defense lawyer is so important. Perjury involves making false statements under oath, which undermines the integrity of the legal system. If convicted, you could face fines, probation, or even years in prison.

Why Perjury is a Serious Crime

Perjury is considered a very serious crime because it undermines the core of the justice system – the search for the truth. When someone lies under oath, it can derail investigations, unfairly implicate innocent people, and allow the guilty to go free. That’s why perjury charges are aggressively pursued by prosecutors.

Some other reasons perjury is considered so serious:

• It is an “attack on the truth” that forms the foundation of our legal system[1].
• It undermines trust and credibility in the courts[2].
• It wastes time and resources investigating false leads caused by lies.
• It can lead to innocent people being charged or even convicted of crimes they did not commit.

Penalties for Perjury

Since perjury is considered such a serious felony offense, the penalties can be severe. Here are some of the potential penalties for being convicted of perjury:

• Federal perjury – Up to 5 years in prison, fines, probation[3]. The federal sentencing guidelines recommend 15-21 months for a person with no criminal history[5].
• State perjury – At least 1 year in prison in most states, fines, probation[4].
• Suborning perjury (inducing someone else to commit perjury) – Same penalties as perjury.
• Perjury causing harm – Sentences can be enhanced if the perjury caused substantial interference in the case.
• Repeat offenses – Penalties increase for those with prior perjury convictions.

In addition to criminal penalties, a perjury conviction can also damage your reputation, credibility, and future career prospects.

Why You Need an Experienced Lawyer

Facing perjury charges is scary. The penalties are severe, and proving perjury can be complex. An inexperienced lawyer may not understand all the intricacies involved. Here are some key reasons why having an experienced criminal defense lawyer is so critical:

• They understand the elements of perjury that must be proven and can argue you did not meet them. For example, arguing you did not make the statement intentionally or that it was not material.
• They know potential defenses to perjury, like lack of intent, mistake, or not technically being under oath.
• They can argue mitigating factors at sentencing, like recanting the lie or limited harm caused.
• They can negotiate with the prosecutor for reduced charges or diversion programs to avoid a conviction.
• They know how to cross-examine witnesses and challenge evidence used to prove perjury.
• They can advise you on your 5th Amendment right to avoid self-incrimination.
• They have experience selecting the right juries for perjury trials.

Building Your Defense Against Perjury Charges

Your lawyer will start building your defense by thoroughly examining the alleged perjured statement and the context in which it was made. Some issues they will investigate:

• Were you technically under oath when the statement was made? There are legal technicalities about what constitutes an “oath” that could invalidate a perjury charge.
• Is there proof you knew the statement was false? Without proof of intent, there can be no perjury conviction.
• Was the statement about a material issue, or just an insignificant detail? Lies about minor issues are not perjury.
• Have you recanted or corrected the statement? This could demonstrate lack of intent to mislead.
• Was the statement ambiguous or open to interpretation? Vague statements are difficult to prosecute as perjury.

Your lawyer may also look for procedural errors or problems with how the perjury allegation was handled, such as:

• Issues with how the oath was administered
• Lack of specificity about which statements are considered perjured
• Unconstitutional bias or coercion during questioning