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A person commits perjury when they knowingly make a false statement after swearing to tell the truth. This crime typically occurs during criminal court proceedings, but making an untrue statement under different circumstances could also count as perjury.
A conviction for perjury could have a harmful impact on your life, reputation, and freedom, so seeking an attorney’s help is crucial. In some cases, there are options for challenging these charges at trial or even having the case dismissed entirely. Reach out to a Denver perjury lawyer today to learn more.
Not all allegations of perjury are the same. There are two categories of this crime: perjury in the first degree and perjury in the second degree. While both offenses are serious matters, a first-degree case carries the steepest penalties. A Denver attorney could develop a viable strategy to help you fight back against both types of perjury charges.
First, it is helpful to understand the basics of the offense. A person commits perjury when they knowingly make a false statement while under oath. This can be when they are sworn in to testify at a criminal trial or in cases where they sign a government form.
Another critical element of this offense is that the false information must be a material statement of fact. For example, you cannot commit perjury by giving an opinion. Likewise, untrue statements that are not material to the purpose of your appearance in court or the form you signed will not lead to a violation.
Perjury in the first degree occurs when you knowingly make a false material statement during an official proceeding. This includes, but is not limited to, testifying during a criminal trial.
Perjury in the second degree does not have to occur during an official proceeding. This crime occurs when you provide false information on a government form that requires you to be truthful. For example, it can apply in cases where you misstate your income on a tax return.
Building a strong perjury defense in Denver starts with engaging a qualified attorney. Some potentially viable defense strategies include the following:
Perjury is a crime of intent. You can only be found guilty for untrue statements that you knowingly make while under oath. In other words, you cannot be convicted if you give an opinion or are accidentally mistaken about a material fact. Unfortunately, the state can still bring charges if they believe you were intentionally untruthful, so in that case, you will need to demonstrate it was an honest mistake.
There is another exception to this offense outside of the lack of intent. Even if you are found to have made a false statement while under oath, perjury charges require that it be material to the underlying case. Making a false statement about a business filing in a fraud case might be material, while a falsehood regarding your height and weight may not be.
In some cases, it may be possible to recant a false statement. This requires not only correcting the record regarding the falsehood but also doing so during the same court appearance.
If you have been accused of perjuring yourself during a court proceeding, it is vital that you rely on the guidance of an attorney. In some cases, you may be able to avoid a conviction. While these cases are serious, there are numerous defense strategies that might be available to you.
Let a Denver perjury lawyer investigate the allegations against you, evaluate the potential defense options, and aggressively fight for the best possible resolution. Reach out immediately for a confidential consultation with Petrash Law.