Perjury Charges are serious and are usually charged as a felony crime. If you’ve found yourself in a situation where you’re grappling with the legal complexities of perjury charges in Oklahoma, know that understanding the nature of the crime, its implications, and the potential punishments you’ll face if you’re convicted of a perjury offense are essential. Perjury is a crime that involves intentionally making false statements while under oath or in a sworn affidavit in a legal proceeding, such as a court trial, deposition, or official investigation.
Definition Of Perjury In Oklahoma
As defined in Oklahoma Statute §21-491, perjury crimes are committed when individuals knowingly makes false statements under oath during a trial, hearing, investigation, deposition, certification, or declaration where making an honest statement is legally required. A perpetrator should know or believe that the statement is false, or the intention should be to obstruct the truth before they can be lawfully convicted. It’s important to note that if you made a statement that is actually true and prosecutors are mistaken that it is false. If the Police ask you questions about a crime our advice is to remain silent. This is the best defense against purjury.
What Constitutes An Oath?
The term ‘oath’ as referenced in the perjury definition (Oklahoma Statute §21-492) includes affirmations or any other legally accepted mode of asserting the truth of a statement. It’s not limited to a traditional sworn oath. The false statement must be made while under oath, which usually means that the person has sworn to tell the truth or affirmed that their statements are true to the best of their knowledge.
Perjury As A Felony And Its Penalties
Under Oklahoma law, perjury is considered a felony, as detailed in Oklahoma Statute §21-500. The stakes of this charge are, therefore, inherently high. This is one of the many reasons why it’s so important to speak with a criminal defense lawyer as soon as you can after being accused. Penalties for a conviction may vary depending on the severity of the crime. If perjury is committed during a felony trial, the punishment can range from a minimum of two years to a maximum of twenty years in state prison. If the perjury occurs in any other court proceeding, it can result in a prison term of one to ten years. In all other cases, the maximum punishment is five years.
Defenses To Perjury Charges
As per Oklahoma Statute §21-499, defenses against perjury charges differ based on the type of perjury. For perjury by single statement, the defense is that the statement is true. Defending against perjury charges can be complex, as they generally involve legal nuances related to intent, memory, context, and the specifics of the case. There are some common defenses that individuals accused of perjury might use: Those are related to lack of intent, simple mistake, duress or maybe.
Can Irregularities Or Incompetency Be A Defense?
In Oklahoma, as per the Oklahoma Statutes §21-494 and §21-495, neither the irregular administration of the oath nor the accused’s incompetency to testify serve as defenses against perjury charges. It’s irrelevant how the oath was given, and the focus is on whether the individual was legally required to testify or make a certain statement.
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Perjury Lawyers in Tulsa Oklahoma
The intricacies of perjury charges in Oklahoma and their legal consequences can be overwhelming, particularly if you’re facing these charges without the assistance of a skilled criminal defense attorney. For this reason, it’s a good idea to speak with an experienced criminal defense attorneys in Tulsa to discuss the specifics of your situation. Call (918) 743-2233 or contact us online to get started.
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