Lying to an officer of the court after having taken an oath, to tell the truth, may lead to accusations of perjury. While an officer may accuse you of perjury merely for not like what you are saying, you could face harsh punishments under the law if the court agrees with the officer.
With the potential felony conviction, which may result in jail time and large fines, a conviction could permanently damage your credibility. Before facing accusations alone, consult a Pelham perjury lawyer who could help you figure out the best way to defend yourself against the charges. Developing an aggressive strategy with a seasoned criminal defense attorney is highly advised.Definition of Perjury in Pelham
It is perjury to make a false statement while under oath that could affect the outcome of a proceeding. This includes statements made during a court proceeding or in a sworn statement. Perjury does not include statements of innocence from other court proceedings.
To prove perjury in the case of a single suspect statement, the prosecutor must present more evidence than merely one single witness whose testimony is not verified. If a speaker makes two inconsistent statements, it falls to the prosecutor to prove that one statement is false to prove perjury to the court.Laws Related to Lying Under Oath
Charges of perjury are directly related to the circumstances of the statement. Before choosing how to proceed in a criminal case, it is valuable to discuss a potential case with a Pelham attorney familiar with perjury in court.
In a legal case, the court may convict a speaker of first-degree perjury if:
- The statement is made in an official proceeding
- The speaker “falsely swears”
- The false statement is material to the proceeding
While this is most likely what the public thinks of when they hear the term perjury, there are also other types of perjury. Second-degree perjury occurs if a person makes a false statement intended to mislead the public servant that was material to the matter. This is a Class A misdemeanor, as outlined in Code of Alabama §13A-10-102. Perjury in the third degree occurs if a person swears falsely. Perjury in the third degree is a Class B misdemeanor.Retracting Statements of Perjury
A person who made a false statement may only retract their statement if the court has not yet detected the falsity. As a seasoned attorney could explain, the person who allegedly lied during the proceeding must be the one to retract the statement.
When facing allegations of perjury, it is not a defense to claim an oath, to claim that the truth was incorrectly given, to claim that the speaker believes the lie is immaterial, or to state that the laws of evidence would not allow that statement. In any associated situation, it is important to work with an experienced Pelham perjury lawyer to determine potential defenses.Seek the Help of a Pelham Perjury Attorney
A conviction for perjury on your record may affect your future. The help of a Pelham perjury lawyer may be the key to supplying a strong defense against accusations. Reach out today to decide your next step and begin working on your defense. Call today.