Failing to tell the truth under oath, otherwise known as perjury, is not taken lightly in Georgia. If you have been accused of perjury, you may face harsh legal consequences that can tarnish your reputation, relationships, and career.

In this situation, consider speaking with a knowledgeable Carrollton perjury lawyer who can help you handle these allegations in the most proactive and effective ways possible. Contact J. Ryan Brown Law today to have a skilled legal professional get started with building your defense.

What is Perjury?

Before giving any sort of testimony in a trial, deposition, or any other type of court proceeding, people must swear an oath or make an affirmation to tell the truth. If they do not speak the truth, they could face perjury charges. According to Official Code of Georgia Annotated § 16-10-70, to prove perjury under Georgia law, a prosecutor would need to establish the following:

  • That a person made a lawful oath to tell the truth in a judicial proceeding,
  • That a person willfully and knowingly gave a false statement, and
  • That the false information or lie is material to the point or issue that is in question in the case

If someone faces perjury charges, they must act quickly and enlist the help of a dedicated Carrollton attorney.

Possible Defenses to Carrollton Perjury Charges

A skilled local attorney can help an accused defendant by constructing a solid defense. They can examine the facts surrounding the purported false statement and help a defendant dispute the prosecution’s allegation that they committed perjury.

No Intent

A prosecutor would need to prove that the defendant meant to lie. If the defendant thought the statement was true, it would not be perjury. A seasoned Carrollton attorney can look for proof that the defendant did not know the information was false.

Not Material to the Outcome of a Case or Determination of Fact

A court would deem a false statement to be material to the issue in question if it could objectively affect the determination of the matter. If the defendant’s statement only concerned minor information or details that were ultimately unrelated to the outcome of a case, that statement should not amount to perjury because a court would likely deem it immaterial. For instance, if an eyewitness in a robbery case lies about the defendant cheating on their spouse, that statement could be immaterial because the fact that the defendant cheated had nothing to do with whether the defendant committed the robbery. However, if the person made up the same lie about the defendant cheating in a divorce case involving an alimony dispute, a court could deem that lie to be material.

To prevail in a perjury charge, the prosecution does not need to prove that the false statement actually affected or influenced the outcome of the case or the determination of the matter. Instead, the prosecution only needs to show that the lie could have affected or swayed the decision of the court or jury listening to the facts.

A diligent attorney can investigate the circumstances and help a defendant determine the most effective defensive strategy.

Possible Punishments for Perjury

If convicted of perjury, someone faces a fine and prison time of up to ten years. Additionally, the prison term cannot exceed the sentence of the crime for which the other person was convicted. In the case of someone receiving the death penalty on perjured testimony, however, a convicted perjurer may receive a life sentence.

Get in Touch with a Carrollton Perjury Attorney

Perjury charges are no joke in Georgia. If convicted, you may face prison time and be required to pay a substantial fine. In addition, you might face professional and personal consequences because of people losing trust and confidence in you. It is essential that you fight back with the help of an experienced legal professional.

If you face perjury charges, you should consult with a diligent Carrollton perjury lawyer. Call J. Ryan Brown Law today to set up a confidential consultation.

J. Ryan Brown Law, LLC

J. Ryan Brown Law, LLC