Jacksonville Criminal Attorneys Describe How to Beat Allegations of Perjury
Being accused of perjury can be scary. It’s a felony offense that carries serious penalties like fines, probation, and even jail time. But with an experienced Jacksonville criminal defense attorney on your side, you may be able to get the charges reduced or even dismissed.
Perjury basically means lying under oath. So if you’re accused of perjury, the prosecutor believes you intentionally lied in an official proceeding like a deposition, court hearing, or trial. To beat the allegations, your attorney will need to show that either A) you did not actually lie or B) you did not lie intentionally.
Challenging the Lie Itself
If you’re accused of perjury, the first thing your attorney will do is scrutinize the alleged lie. Was there actually a false statement made? Your attorney will review the transcript and talk to witnesses to analyze the context around what you said.
Sometimes there are simple misunderstandings. You may have misspoken or been misinterpreted. Other times, the “lie” is a matter of opinion that cannot be proven false. Your attorney can argue that your statement does not meet the legal definition of perjury, which requires an outright lie about a material fact.
Question Ambiguity
Perjury requires that you gave false info in response to a clear, unambiguous question. If the question was confusing, your answer may have been unintentionally inaccurate rather than an intentional lie. Your attorney can point this out to show you lacked the intent required for perjury.
Opinions vs. Facts
Lying under oath means making a false factual statement. Expressing an opinion cannot be perjury, even if your opinion seems questionable. Your attorney can argue that your statement was an opinion, not a statement of fact, so it does not qualify as perjury.
Mistaken Recollection
No one remembers everything perfectly. If you simply made a mistake or forgot details when testifying, that does not mean you deliberately lied. Your attorney can argue you did not “willfully” lie but made an honest mistake.
Subsequent Correction
If you initially made an inaccurate statement but later in the proceeding corrected yourself or clarified what you meant, then you likely did not commit perjury. Your attorney can point out your correction to show you did not intentionally deceive.
Lack of Falsity
Your attorney will scour the evidence to show your statement was actually true, or at least that there is reasonable doubt about its falsity. If your statement turns out to be factually correct or impossible to prove false, then you cannot be guilty of perjury.
Challenging Intent
Even if your statement was inaccurate, you are not guilty of perjury unless you lied intentionally. Your attorney’s main line of defense may be arguing that you did not mean to mislead.
Misunderstanding
If you misunderstood what was being asked and gave an inaccurate response, you did not intentionally lie. Your confusion or mistaken belief that your statement was true negates the intent required for perjury.
Nervousness
Being anxious about testifying can lead to misstating facts accidentally. Your attorney can explain how nervousness caused you to phrase responses poorly.
Memory Issues
Forgetting details and mixing up timelines does not amount to willful deception. Your attorney can point to memory problems that led you to make inaccurate statements unintentionally.
Miscommunication
If your statement seemed false due to miscommunicating what you meant, then you did not intentionally deceive. Your attorney can show how miscommunication resulted in unintentional inaccuracy.
Punishment May Not Fit “Crime”
Even if your statement was inaccurate, your attorney can argue the punishment of felony perjury charges does not fit the circumstances. The context around what you said, your intentions, and other factors like mens rea can persuade the prosecutor to drop or reduce the charges.
No Harm Intended
If you did not mean any harm by your statement, and it did not actually hurt anyone, your attorney can advocate for dropping the charges. They can argue it benefits no one to severely punish you for an unintentional mistake.
Recantation
If you tried to correct the record by recanting, admitting to inaccuracies or lying, then perjury charges may seem excessive. Your attorney may negotiate dropping the perjury charge in exchange for your recantation.
Cooperation
Your willingness to cooperate with prosecutors by providing truthful testimony can persuade them to reduce or dismiss a perjury charge they previously pursued.
Bottom Line
An experienced Jacksonville criminal defense lawyer can often get perjury charges dismissed or reduced by showing you did not lie intentionally. They know how to scrutinize the alleged lie, challenge intent, and argue that pursuing felony perjury charges would be unjust.
With an attorney fighting for you, maintaining your innocence, and negotiating firmly but fairly with prosecutors, you can move forward with confidence and avoid the harsh penalties of a perjury conviction.