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Perjury law makes it a crime to lie under oath or in written testimony, with penalties including probation, community service, compensation, and prison. The law applies to various situations, and proving the offense can be difficult. A conviction leaves a permanent stain on the criminal record, and a defense strategy called the defense of literal truth may be used. Defendants should consult an experienced perjury attorney to protect themselves and prove their innocence.
The perjury law is legislation that finds a witness guilty of the crime of lying under oath or other forms of testimony. The crime of perjury is considered a serious crime, which could result in heavy penalties for the defendant. A penalty for perjury can include, but is not limited to, probation, community service, having to pay compensation, and a substantial prison term.
While primarily associated with the court setting, perjury law can apply to other situations as well. Indeed, making false statements in any form of written testimony could result in a perjury charge. Common examples include lying in a police statement, civil deposition, or other document signed by a witness to validate that the information provided is factual and accurate. Collaborating or even intimidating someone else into lying in such circumstances could also result in a charge of perjury or a similar law known as subordination of perjury.
While violating the perjury law is something the legal system doesn’t take lightly, actually proving this offense isn’t always easy. The prosecution is responsible for presenting a case that demonstrates, beyond a shadow of a doubt, that an individual lied during the aforementioned form of testimony. This generally includes, among other factors, demonstrating that the individual clearly understood the question and knowingly provided misleading or inaccurate information.
Perjury law usually requires a felony conviction regardless of conviction. So even if jail time is not sentenced as a penalty, the accused individual will likely have a stain that will remain on his criminal record forever. If the individual has been convicted of perjury in the past, there is a large chance that the courts will apply the maximum penalty to indicate the seriousness of the offence.
Under the rules enforced by the US Supreme Court, a witness who provides misleading information but tells the “literal” truth does not violate the perjury law. This has led to a defense strategy termed the defense of literal truth. Many attorneys encourage US defendants to adopt this strategy when being questioned to evade a perjury charge.
The perjury law is nothing to mess with. Anyone accused of this offense could face a significant prison sentence, so it is highly advisable to consult an experienced perjury attorney as soon as possible. Despite the gravity of such a crime, defendants have a legal right to protect themselves and prove their innocence.
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