Testifying in court or in a deposition is no small matter, and the importance of telling the truth cannot be understated. If a lie is told under oath, the crime of perjury could be charged, even when it is a civil trial rather than a criminal one.
If you have been charged with perjury, an experienced defense attorney could help. The consequences of perjury can include prison time and financial penalties, as well as stigma outside of the criminal justice system. A Newark perjury lawyer could help protect your rights and defend against accusations and criminal charges.
Accusing someone of lying means that the person failed to tell the truth on purpose. Perjury requires some amount of intent to be a crime. In other words, the person must believe their statement to be false when made. For example, if a witness in a criminal trial makes a statement that they believe is true but is later shown to be false—perhaps because of their mistake or unknown circumstances that invalidate them—they did not perjure themselves.
Furthermore, the statement in question must be material to the proceeding, meaning that it is important enough to affect how the proceeding evolves and the result. Innocuous falsehoods that do not impact the outcome or direction of a trial or lawsuit are not perjury, even if the person did not believe them to be true.
Of course, perjury can only occur when the speaker is sworn by oath or affirmation. The prosecution must then prove a lack of belief in what is said and its substantiality to the case. With the help of a Newark defense attorney, you could push back against perjury charges and avoid a prison sentence of up to five years.
If you are accused of perjury, it is crucial to consult with an attorney as soon as possible to protect your rights and build a strong defense. Your lawyer could argue that your statements under oath do not constitute a crime by employing strategies such as:
First, a legal professional could show that you believed that what you said was true, which would prevent what you said from being perjury. Proving the opposite—the job of the prosecutor—is far more difficult. Since evaluating your belief at the time of the statement involves looking back at the circumstances, this can provide an opportunity for you and your attorney to strengthen your case.
Your attorney can push back on the materiality of the statement alleged to be perjury. Depending on the testimony in question, the statement may not have had much importance or impact on the proceeding, so it may not be considered perjury, even with the belief that the statement was false when said.
Working with a well-practiced perjury attorney in Newark could ensure that both of these arguments are made properly and with enough effect to keep you out of prison.
One goal of the legal process is to discover and present the truth, which is why people testify to facts under oath. Trying to lie carries the risk of committing perjury and suffering criminal consequences, but you do not have to face those charges alone.
A Newark perjury lawyer could help you show that you did not commit a crime through your words or written statements. Contact a defense attorney today to learn more about perjury and defense strategies specific to your case.
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