A core part of the American legal system is swearing witnesses to tell the truth when they testify in court, provide documents to tax authorities, or otherwise make representations to the government. Lying under oath is a serious offense that can result in jail time and fines.
If you have been accused of perjury, an experienced criminal defense attorney from Kohlmeyer Hagen Law Office, Chtd., may be able to help. The support of a Rochester perjury lawyer can be invaluable, as a conviction on these charges is never guaranteed.
A perjury charge involves a false material statement made by someone who has been sworn to tell the truth. The circumstances under which this offense can occur vary. While most people think of perjury charges in the context of testifying during a criminal trial, there are many other scenarios under which this offense can occur. The false statements might be made while testifying aloud or in written documents submitted to the government.
The nature of the false statement can also vary. A defendant could be convicted for falsely testifying under oath during a court proceeding. They can also commit this offense in writing when they know they are under penalty of perjury. The notice that a document is signed under penalty of perjury can be made clear in different ways, including by a judge during court testimony.
The government does not have to establish the truth to secure a conviction for a false statement. If a person gives conflicting testimony under oath at two different points and only one of those statements can be true, there is enough evidence for a conviction.
That said, allegations of perjury frequently stem from misunderstandings or mistakes. It is not against the law to be wrong or to get confused, which can provide a viable defense strategy for a Rochester perjury attorney.
The penalties for a conviction for perjury vary based on the circumstances. The baseline for a perjury conviction is five years in jail and a maximum fine of $10,000. It is a felony offense that also brings:
The penalties are steeper when the material false statement was made during a felony criminal trial or on an application to obtain a permit for explosives. In these situations, a guilty verdict can lead to as much as seven years in prison and $14,000 in fines.
There are options for fighting these charges with the help of a skilled perjury lawyer in Rochester. With the right approach, it may be possible to avoid a conviction or negotiate a plea for a lesser charge. Some defense strategies include arguing that:
Identifying the strongest possible defense strategy for a specific perjury charge starts with a consultation with a qualified attorney.
If you have been accused of lying under oath, you might be surprised by the criminal jeopardy you currently face. Never forget that a conviction is not guaranteed.
You have the right to fight back, and a Rochester perjury lawyer is prepared to help. Call as soon as possible to get started on your defense.
