If you are facing perjury charges, do not take them lightly. Perjury is a felony in this state, and penalties could be severe. You need a seasoned attorney to help you avoid dire consequences.
A Chandler perjury lawyer at the Grand Canyon Law Group could challenge the prosecutor’s evidence and work toward dismissal of the charges. Our former prosecutors are now dedicated defense attorneys who know how to achieve the best results possible for the defendant.
Arizona Revised Statutes §13-2702 defines the crime of perjury and establishes that it is a Class 4 felony. Perjury means intentionally making a false sworn statement on a material matter or making a false unsworn statement on a material matter under penalty of perjury.
Materiality is an important part of the definition. When used in a legal context, “material” means critical or essential. For a false statement to be perjury, it must have been critical to the proceeding. For example, if a witness to a bank robbery lies about whether they are married, the lie is probably not material. If they lie about whether they saw a particular person enter the bank with a rifle, the lie could be material and lead to perjury charges.
A prosecutor must prove every element of the charges they bring. An experienced perjury attorney in Chandler will review the prosecutor’s evidence related to the intention of the accused person and the materiality of the false statement. If any aspect of the evidence is weak, a lawyer could compel the prosecutor to withdraw the charge or allow a plea to a less serious infraction.
If a prosecutor is determined to proceed with perjury charges, the defendant’s local attorney could offer various defenses. The prosecutor must have convincing evidence for every aspect of their case to win a conviction. A defendant need only create reasonable doubt.
The law requires a person to knowingly lie for perjury charges to stick. If an accused person was mistaken, confused, or believed they were telling the truth when they made the allegedly false statement, they cannot be guilty of perjury.
Similarly, if the defendant was not under oath or penalty of perjury when they made the statement or did not realize they were swearing to the truth of a statement, they cannot be guilty of perjury.
Questioning the materiality of a statement is often an excellent defense strategy. It forces the prosecutor to establish that a case would have turned out differently if the defendant had given different testimony. As there is no way for a prosecutor to know this for certain, convincing a jury that the defendant’s statement was material to the case is difficult for them to achieve.
Arizona’s penalty scheme is complex, and sentencing depends on a variety of factors. An experienced lawyer at our Chandler office could explain the likely range of penalties for a specific perjury case.
The law classifies perjury as a Class 4, non-dangerous felony and establishes a range of sentences for convicted offenders. Working within that range, a judge must base the sentence on whether the defendant is a first-time felony offender or has one or more prior felony convictions. A significant criminal history greatly increases the length of a prison sentence.
The judge also must consider whether two or more factors existed that could mitigate the sentence. A skilled perjury attorney could present mitigating factors to decrease the potential penalties a defendant faces. Mitigating factors include:
Perjury is not a trivial crime, and it carries potentially severe penalties. Additionally, having a criminal conviction for perjury on your record could cause you to lose opportunities for employment, housing, credit, and professional licensing.
Let a Chandler perjury lawyer at our firm defend your case and fight for your rights. The Grand Canyon Law Group is committed to achieving a positive result on your behalf, so give us a call as soon as possible to get started.