When an individual provides written affidavits or verbal testimony in court, they must do so under penalty of perjury. In other words, the failure to be truthful during these formal statements could have serious consequences. State prosecutors will aggressively pursue a perjury case against anyone they believe lied under oath.
If you are facing allegations of perjury, a seasoned criminal defense attorney could be able to help. As with any criminal case, you have the right to build a defense against allegations of perjury. A Junction City perjury lawyer could evaluate the facts of the case and help you establish that you did not violate your oath.
Perjury is a criminal offense in Junction City. According to Kansas Statute §44-1039, this offense covers any intentional act of falsely declaring, affirming, swearing, or testifying regarding a material fact. This testimony must occur after an affirmation or oath has been given. Without this oath, it is not a violation of the law to mistake a fact.
There is also an element of intent when it comes to perjury charges. The statute explains that a statement must be not only false but also intentional as well. In other words, an accidental misstatement should not result in a perjury charge. These false statements can occur in different forms. A person that takes an oath before a court, tribunal, or public body could face criminal charges if they give a materially false statement during their testimony. This offense could also apply to a person that makes a written false statement on a document executed by a notary public.
Often, the offense of perjury involves subjective facts. It can be difficult to prove that a person accused of perjury intentionally made a false statement. A perjury attorney serving Junction City could fight back against these charges at trial.
When Does Perjury Occur?
There are different situations where an alleged act of perjury could occur. It is important to remember that the act of making a false claim is not a criminal act in and of itself. Perjury only occurs when a person falsely swears or testifies after giving a formal oath or affirmation that they will not do so.
The most common situation where perjury occurs is during court proceedings. Any person that testifies in a court proceeding—whether it is a civil trial or a criminal prosecution—must swear an oath or affirmation to tell the truth. The failure to do so could result in a perjury charge. Perjury could also occur when a person makes a false statement on a sworn document.
Remember, perjury is falsely swearing to a material fact. That means that a matter of opinion will not qualify. A person that is mistaken in their testimony will also not meet the standard necessary for perjury. An attorney in Junction City could help a person determine if they are at risk for a perjury charge.
Contact a Junction City Perjury Attorney Right Away
There are steep consequences that can follow an arrest and conviction for perjury. If you have been charged with making a false statement under oath, it is vital that you seek out legal counsel immediately.
A Junction City perjury lawyer could help you develop a sound defense strategy in your case. Call today to learn more about your options.