Charged With Perjury?

If you have been accused of perjury, you are facing significant penalties if convicted.  That’s why now, more than ever, you need an experienced, aggressive criminal defense attorney who is willing to go to the mat for you.

What is Perjury 

When testifying in a court of law, or in any of numerous official proceedings, witnesses take an oath to “tell the truth, the whole truth, and nothing but the truth.”  Likewise, when signing a notarized document, you do so with the promise that the information on the document is accurate. Intentional failure to adhere to this promise in regards to material matter can result in charges of perjury.  This is the case when written affidavits or other documents are accompanied by a signed declaration that the information provided is the truth under penalty of perjury, as well, according to 28 U. S,. Code 1746.

Penalties for Perjury in Florida 

A conviction for perjury may vary depending on the circumstances and proceedings.  In unofficial proceedings the consequences may include a fine of $1,000 and up to a year of jail time followed by a year of probation.  Perjury in an official proceeding is more serious and slaps you with a felony record.  Additionally, penalties may include $5,000 in fines, five years behind bars, and five years of probation.

Defending Charges 

Lying under oath is no small matter.  That being said, there are a number of strategies a good defense lawyer can employ in order to defend against charges of perjury.

• First of all, telling a lie is not the same thing as having a faulty memory, a misunderstanding, or a misinterpretation of events. It is the willful misrepresentation of the facts.  In other words, it is when someone represents something as truthful, when they, themselves, do not believe it to be true. If your attorney can demonstrate that your statement was not made with the intention of misconstruing the facts, it could be a good firewall against charges.

• Another pathway to exoneration is to establish that any misstatements you made were not material to the case. In other words, you may have misrepresented information, but the details you provided were superfluous to the matter at hand.

• Finally, it is possible to recant previous testimony or written statements if it is done in the same continuous proceeding. This could be an idea worth pursuing in certain situations, especially if the walls are closing in on a potential perjury conviction.

Moving Forward 

Anyone facing perjury charges is in need of a hard-hitting, determined criminal defense attorney.  At Salazar & Kelly Law Group, P.A. our Kissimmee criminal defense attorneys are willing to fight for the best possible outcomes for you. Schedule a confidential consultation today.

Sources:

law.cornell.edu/uscode/text/28/1746

flsenate.gov/Laws/Statutes/2019/Chapter837