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Facing a perjury charge can feel overwhelming. Whether it involves a statement you made in a courtroom or a signed document you sent to a government agency, the state of Colorado places uncompromising rigor on the integrity of a sworn oath.
If you are navigating the complexities of an investigation, a Boulder perjury lawyer who understands Colorado’s criminal code and the implications of state procedures can help guide your defense. Criminal defense attorney Mike Petrash knows how to target the technical requirements of the law to help dismantle the prosecution’s case.
In Colorado, perjury is not a uniform offense. The severity of the charge depends on the intent of the statement and how the statement was made. The most severe charge is first-degree perjury.
First-degree perjury is a felony that occurs when a person knowingly makes a materially false statement under oath during an official proceeding, per Colorado Revised Statutes §18-8-502. This form of perjury encompasses statements made in the judicial system, including during trials, depositions, or administrative hearings. If convicted, you could face two to six years in prison and up to hundreds of thousands of dollars in fines.
Second-degree perjury is a misdemeanor that occurs when a materially false statement is made under oath outside of an official proceeding with the intent to mislead a public servant, per C.R.S. §18-8-503. Outside of an official proceeding includes a notarized application or a government form. This type of perjury carries potential jail time and smaller fines.
The distinction between the degrees of perjury often hinges on the materiality of the statement and the definition of an official proceeding. Under C.R.S. § 18-8-501(1), a statement is material if it could have affected the course or outcome of a proceeding. An official proceeding is one before a judge or other official authorized to hear evidence under oath during a legislative, judicial, or government agency hearing, per C.R.S. § 18-8-501(3). An experienced perjury lawyer versed in Boulder criminal procedure can mean the difference between the harshest penalties and a much lighter sentence.
Materiality and intent matter in these cases because Colorado law requires that the false statement was made with intent to deceive and that it significantly affected the outcome of a situation under C.R.S. § 18-8-501. To prove intent, the prosecution must demonstrate not only that the statement was false, but that you knew it was false at the time you made it. Honest mistakes, failures of memory, or statements regarding subjective opinions are not considered perjury.
The law also requires the statement to be material. If a witness misrepresents something as simple as what they ate before a deposition, that lie likely has no bearing on the outcome of the case. A perjury defense lawyer in Boulder could approach the case by conducting a meticulous review of the technical details and context of the oath to discredit the materiality and intent elements and fight for a favorable outcome in your case.
A perjury conviction can label someone as dishonest on a permanent public record, dismantling employment opportunities and professional licenses. Do not wait for the situation to escalate. When faced with felony or misdemeanor charges, you need a lawyer familiar with local court procedures.
Petrash Law provides a grounded, straightforward defense designed to protect your future and your reputation. Whether you are being investigated for inconsistent statements or facing a direct charge of false swearing, a Boulder perjury lawyer is here to provide the clarity and defense you deserve. Call today for your free, confidential consultation.