When you testify in court or provide information during a legal proceeding, you are giving testimony under oath or through a sworn statement. Not telling the truth in these circumstances, even without meaning to, can constitute perjury.
A Reno perjury lawyer can help you understand your charge and advocate on your behalf. With the help of a criminal defense attorney at The Law Offices of John Arrascada, you can challenge the charges and potentially avoid a conviction.
Perjury occurs when a person lies or provides false information under oath, including making statements that they do not know to be true. In fact, according to Nevada Revised Statutes § 199.200, a statement that “one does not know to be true” is the same as saying something that they know is false. Therefore, their sworn statements must be true, or else they risk committing perjury.
Perjury can also happen in the context of written statements in addition to spoken testimony. Submitting an affidavit in a judicial proceeding that contains false statements can lead to perjury, as well as swearing to testimony in open court. According to Nevada Revised Statutes § 199.120, perjury includes affidavits, statements under oath, and inducing others to commit perjury.
However, a false statement is only perjury if it is both willful and material, so not every false statement constitutes perjury. An accidental statement under oath or a false answer to a question that ends up being irrelevant to the proceeding, for example, does not constitute perjury, as opposed to key testimony that is important to the issue. A Reno lawyer can evaluate your specific perjury case and work to defend you and your rights.
The role of a perjury attorney is to help you avoid the criminal consequences of a conviction. They can do this by challenging the evidence offered by the prosecution, showing that the accused did not commit a crime beyond a reasonable doubt, and demonstrating that any false statement was unintentional or not material to the broader proceeding.
The potential penalties for perjury include a prison sentence and fines, as perjury can be charged as a class D felony. A conviction for a category D felony could result in a prison sentence of one to six years, as well as a maximum $5,000 fine. Under Nevada Revised Statutes §199.150, attempting to get another person to commit perjury, however, is considered a gross misdemeanor. A person could face up to 364 days in jail and a fine of up to $2,000.
Having an attorney can help someone accused of perjury in Reno avoid a lengthy sentence, as legal counsel can work on their behalf to clear their name.
Part of your civic duty may be to provide testimony in a legal proceeding, even if you do not have a personal stake in the proceeding. Doing so truthfully, to the best of your ability, is essential to keep you from committing perjury. If something you said turns out to be false, you may face a perjury charge.
If you have been charged with perjury, a Reno perjury lawyer can help you defend against the charges and protect your reputation. You deserve the opportunity to prove that you did not commit a crime. Call our office today to explore your legal options.
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