Waco Perjury Lawyer

An arrest for perjury in Texas results from someone intentionally making false statements while under oath in an official proceeding. That may include during a trial, deposition, or giving a sworn statement for an affidavit.

If you face these types of charges, you must take the case seriously and prepare a strong defense strategy. Speak to a Waco perjury lawyer today to learn more about this process. Our experienced criminal defense attorneys could answer any questions about building a solid case.

Where Does Perjury Typically Happen?

Some examples of where perjury may occur include the following:

• During witness testimony;
• In sworn statements or affidavits while under oath;
• On official documents, such as legal documents, tax returns, or state applications for professional licenses; or
• Providing false information to a notary public.

To establish an alleged defendant is guilty of perjury, they must prove in court that each element of perjury is present.

The Elements of Perjury

The crime of perjury specifically refers to lying under oath or after, and often in a legal setting, such as during a court proceeding. For the state to win a conviction, the case must establish the existence of the elements of perjury. According to the Texas Penal Code § 37.02, perjury involves the following:

• Intentional falsehoods or lying: the alleged defendant intended to make false statements and deceive or mislead others in an official setting;
• Materiality: the false statements or information was material, meaning relevant and essential to the official proceeding; and
• An oath: the individual swore to tell the truth before making the statements.

The judge overseeing the case is the only one with the authority to decide whether statements were material to the case in question. A Waco perjury attorney could answer specific questions about the offense and possible penalties.

Potential Penalties for Perjury

A conviction for perjury as a Class A misdemeanor is punishable by up to $4,000 in monetary fines and one year in jail. An aggravated perjury conviction is a third-degree felony, punishable by up to $10,000 in fines and as much as ten years in prison.

The primary difference between perjury and aggravated perjury is that the former must happen during an official proceeding, such as a criminal trial, and the person’s statements must have impacted the case outcome.

Potential Defenses

Some potential defense strategies against perjury charges include arguing that the individual believed the statements they gave were valid at the time. The state must prove the alleged defendant intended to deceive, and the elements required for a conviction do not exist if they mistakenly gave false information.

Another possible defense method is duress. This means the individual lied or made false statements because they were afraid someone would cause them or a loved one severe harm or death if they testified against them.

In some cases, a retraction defense may be possible against aggravated perjury if the individual withdraws their statement before learning the state would expose the truth. The most effective way to create a strong defense is by speaking to a knowledgeable perjury lawyer in Waco, who could help tailor a fitting strategy.

Speak to a Skilled Perjury Attorney in Waco Today

The state and federal laws take allegations of perjury very seriously, and a conviction can have significant consequences. It is crucial to understand the gravity of your situation and act accordingly.

After an arrest for perjury, speak to a Waco perjury lawyer immediately. Do not delay, call now to schedule an appointment and get the help you need for your case.