Perjury

Jun 11, 2015 by

Perjury is when a false statement is made under oath to tell the truth. This can be in court or if false information is put into a document under the penalty of perjury, such as lying about information for a driver’s license application or on tax return paperwork. According to the website of Kohler Hart Powell, SC the consequences can be extremely serious-up to four years in prison, thousands of dollars in fines, and in some states, death if the perjury led to the execution of an innocent person. However, there are certain aspects that must be proven before the prosecution can get a conviction of perjury and a qualified lawyer can help with a cases of perjury.

Perjury can only happen under oath. So if you did not swear to tell the truth, or if the oat was not given by a person who is authorized, perjury was not committed even if a false statement was made. Similarly, if a false statement is made outside of court or other proceedings it is not perjury, since you would not have been under oath. Refusing to respond and remaining silent is not perjury since no statement was made, but could lead to other charges. There must also be intent to mislead. If you were confused, did not understand the question, or made a mistake in memory that lead to a false statement perjury was not committed. However, inconsistency can be considered perjury. If you were asked a question and could not remember well enough to answer only to later remember with clarity, your previous statement could be considered false. Lastly, the false statement must be influential to the case. If you were acting as a witness for a robbery and lied about what you ate for breakfast that morning, it does not bear relevance to the case and could not be considered perjury.

There are many bits and pieces to an accusation of perjury, and it can quickly become confusing. Many aspects must be proven before you can be accused of perjury.

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