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Perjury, or lying under oath, is prohibited in the Texas penal code. Prosecutors take these charges seriously, and a conviction could result in fines and a period of imprisonment. Attempting to represent yourself when facing prosecution for perjury charges can be a daunting undertaking. Understanding the laws prohibiting perjury and being familiar with possible legal defenses is necessary for presenting an effective argument in court.
If you have been accused of lying under oath, a Conroe perjury lawyer could help you fight the charges. Raphael Ortega is a skilled defense attorney and former ICE prosecutor who understands the criminal justice system and the consequences a conviction may have on your life. He could provide dependable legal representation and work to obtain the best possible result in your case.
The offense of perjury is outlined in Chapter 37 of the Texas Penal Code. The law describes perjury as knowingly making a false statement under oath with the intention of being deceptive. Swearing under oath that a previously made false statement is true is also considered perjury.
Felony aggravated perjury is a more serious offense than misdemeanor perjury. Aggravated perjury occurs when a person makes a material and false statement under oath during an official proceeding. A material statement is one that could potentially have an impact on the decision or verdict the court ultimately renders.
Immaterial perjury is a Class A misdemeanor offense. A conviction for misdemeanor perjury is punishable by a fine of up to $4,000, a jail term of up to one year, or both a fine and confinement in jail. Aggravated perjury is a felony of the third degree. Upon conviction, these charges are punishable by two to ten years in state prison and a fine of up to $10,000. A Conroe lawyer could answer questions about the differences between misdemeanor and felony aggravated perjury during an initial consultation.
Under certain conditions, the Texas penal code allows for the retraction of a false statement or testimony as a defense against conviction for aggravated perjury. The retraction must be made before an individual has finished giving testimony during an official proceeding and before the false testimony is exposed.
Defense lawyers who could successfully demonstrate that both of these conditions were true—the individual retracted the false statement while still testifying and before it became evident the court would expose the false statement—could possibly have grounds to file a motion for the dismissal of perjury charges and avoid penalties altogether. An attorney in Conroe could answer questions regarding the possibility of citing retraction as a defense to charges of aggravated perjury.
Defending yourself against perjury charges without litigation experience is a challenging task. If you face criminal charges, one of the best decisions you can make is to obtain capable legal representation. A Conroe perjury lawyer could act as your legal advisor, working on your behalf to lessen charges or prove innocence.
As your legal representative, Raphael Ortega could develop a relevant and appropriate defense to the charges you are facing. He understands what it takes to protect your rights and fight to achieve the best possible outcome. Call today to discuss your case.