Fulton County Perjury Lawyer
When you testify in a formal court proceeding, you swear or affirm to tell the truth. While not all false statements made under oath rise to the level of perjury, any materially false statements can result in a criminal perjury charge. If you are accusing of lying following your testimony in a judicial proceeding, you will need to contact a Fulton County perjury lawyer for advice and guidance.
Various defenses may exist to perjury charges. For instance, if you did not intend to lie and made a mistake, your statement may not be considered a perjured statement. As the penalties for a perjury conviction can be severe, you will want to get the advice of one of our knowledgeable attorneys at Hawkins Spizman before your criminal case proceeds any further.
Defining Perjury Under State Law
Perjury occurs under O.C.G.A. § 16-11-70 when a person intentionally makes a false statement in a judicial proceeding while under a lawful oath or affirmation. However, the false statements must be material to the issue or point in question during the proceeding. Otherwise, as a perjury attorney will advise, the statements do not constitute perjury under state law.
Likewise, not every false statement made under oath is automatically perjury. Making a mistake, failing to remember something, or unintentionally misrepresenting something is not likely to result in a perjury charge. Instead, individuals must purposely make false statements with full knowledge that they are not truthful.
Refusing to testify in a judicial proceeding cannot result in perjury charges. People must make a materially false statement or authenticate a document that they know is false under oath to commit perjury. Finally, individuals can face perjury charges even if their perjured testimony has no impact on the outcome of the case.
Criminal Offenses Related to Perjury
Individuals commit false swearing when they intentionally make a false statement under a lawful oath or affirmation in anything other than a judicial proceeding. For example, false swearing occurs when an individual makes a false statement after they have signed documents indicating that they are doing so under a lawful oath or affirmation.
Subornation of perjury or false swearing is also a crime under O.C.G.A. § 16-10-72. When individuals influence or cause others to commit perjury or false swearing, they may face charges for subornation of perjury or false swearing. A perjury attorney in may help build a defense to any of these perjury-related criminal charges in Georgia.
Penalties for Perjury and Related Convictions
Individuals convicted of perjury can face a prison sentence ranging from one to ten years and a fine of up to $1,000. If the perjury resulted in others being incarcerated, the prison sentence for the perjury sentence may not be longer than the sentence that the other person received due to the perjury. However, if the perjury resulted in a person receiving a death sentence, individuals can face a life prison sentence.
False swearing is punishable by a maximum fine of $1,000 and one to five years in prison. Subornation of perjury or false swearing, however, can lead to a prison sentence of one to ten years, in addition to a substantial fine.
Call a Fulton County Perjury Attorney Today
Many people are unfamiliar with the seriousness of agreeing to tell the truth when placed under oath or affirmation in a judicial or another type of proceeding. Charges for perjury, false swearing, and subornation of perjury or false swearing can result when people purposely do not tell the truth after agreeing to tell the truth. When you face these types of charges, consulting an experienced Fulton County perjury lawyer at Hawkins Spizman may be beneficial.
State law treats these crimes very harshly, as the potential penalties indicate. Although some defenses may be available in perjury cases, you may be unaware of these defenses unless you get appropriate legal advice. As a result, getting the information that you need can be crucial to a positive outcome in your case.