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Perjury charges could result from lies told under certain specific circumstances. Everyone tells falsehoods from time to time, so bending the truth might not seem like a big deal. However, perjury is a serious felony in Arizona, punishable by prison time.
Anyone facing perjury charges should contact a hardworking attorney as soon as possible. At the Grand Canyon Law Group, a Gilbert perjury lawyer could review the prosecutor’s evidence and mount the strongest possible defense. Depending on the situation, you may be able to resolve the charge without criminal penalty.
The law makes perjury a Class 4 felony. Arizona Revised Statutes §13-2702 describes two ways to commit perjury, which a knowledgeable Gilbert attorney could further explain. A person may face these charges if they:
Prosecutors bring perjury charges mainly when they suspect someone lied at a trial or deposition, but those are not the only circumstances when perjury might apply. For example, an individual could face perjury charges if they lied about their assets to get a mortgage, intentionally overvalued property when making an insurance claim, or claimed they saw someone sign a will when they were not present.
The definition of perjury provides opportunities for a skilled local attorney to challenge the prosecutor’s case. A defendant must know they are making a false statement when they make it. If the accused was confused, mistaken, or believed they were telling the truth, they did not commit perjury.
A false statement must also be material to constitute perjury. The prosecutor must prove materiality, meaning that the statement was critical to the outcome of the matter at hand. For example, if a witness in a murder trial falsely testified that they saw a specific individual stab someone, this would be a material identification. If the witness testified that they knew the victim when they did not, materiality is questionable. The witness lied, but whether the witness knew the victim or not might not be critical in proving the victim’s murderer.
Depending on the facts of the case, a lawyer at our firm might question whether the accused made the statement under oath, affirmation, or penalty of perjury. The false statement must be made under those circumstances to be perjury.
As a Class 4 felony, a perjury conviction could carry a hefty criminal penalty even though it is not a dangerous felony under the state’s classification system. However, the state’s sentencing guidelines are complex, and a judge must consider multiple factors when imposing a sentence. A Gilbert lawyer experienced in perjury cases could further advise on what penalties may apply in a given case.
The state’s law is specific about the range of penalties applicable in various circumstances. The court must consider whether the defendant has a criminal history, and a first offender will receive a lighter sentence than an individual with several felony convictions in the recent past. The court must also look at various aggravating or mitigating factors. If at least two mitigating factors are present, the judge could impose a lenient sentence. If at least two aggravating factors are present, the judge may impose a harsher sentence.
When a prosecutor charges perjury, there are many elements that they must prove to secure a conviction. This means that a savvy attorney could use various defense strategies to defeat the charges.
At the Grand Canyon Law Group, our Gilbert perjury lawyers have worked with local prosecutors for years and know how to handle delicate negotiations with them. Let us work to reduce the penalties you face or get the charges dismissed. Call today for a consultation about your case.
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