Perjury is a charge that typically follows when an individual is found to be lying while under oath. It is considered a federal crime because your action undermines the foundation of the law which is truth. Why? Your intended lie could ultimately impact someone’s freedom.
When is it considered perjury?
Perjury typically occurs during a legal proceeding, such as a court trial, a deposition or a grand jury investigation. The false statement must be vital to the case and could influence the outcome. When someone lies under oath, it becomes a felony offense, which can lead to penalties and imprisonment.
Potential defenses against perjury charges
You can challenge the prosecution’s evidence if you face a perjury charge. Here are some defenses to take note of:
- It was a mistake: You can simply claim that you misremembered the facts. People have the freedom to recant a statement they initially made.
- The statement was immaterial: You can argue that the false statement is not vital to the case and, therefore, loses its value.
- The statement was made under duress: It loses all its value if there was pressure or threat during the investigation.
- There was a lack of understanding: In some cases, a person lacks the knowledge of the oath or legal proceedings, which makes the statement mutable.
Perjury is rarely charged due to its difficulty to prove. However, implications of a federal charge weigh heavily on an accused and the conviction could not only damage their reputation but also their livelihood.
Innocent until proven guilty
It is daunting to face something like perjury, given its gravity. Having the support of legal counsel ensures you have your rights, supports your case evaluation, and offers a strong defense against it.