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June 11, 2017

What Is Perjury In Greenville, SC?

Greenville South Carolina Criminal Defense Lawyer

When it comes to Greenville, South Carolina, criminal defense cases, perjury is much more than just lying while you are under oath in a courtroom. This is just one type of perjury, and there are more ways to get into trouble for lying than doing so in a courtroom or while under oath. If you intentionally give information that is misleading or false after taking an oath to tell the truth, then this is perjury. Yet, it is also perjury to intentionally give information that is misleading, false, or incomplete on any kind of documents or forms that are required by the government. Perjury is similar to contempt of court charges in that they are both considered to be a crime against justice.

Examples of Perjury in Greenville, South Carolina, Criminal Defense Cases

One example of perjury is to fill out a sworn statement of your income for child support purposes without fully disclosing all of your income, because you wish to pay less. This could mean that you don’t report overtime, that you don’t report bonuses, that you fail to report tips, or that you fail to report any other earnings. When you sign the statement, it is under penalty of perjury.

Another example would be to fake an injury in an effort to get workers’ compensation benefits. You could also be guilty of perjury if you falsify an alibi under oath for someone else who is on trial for a crime. In any of these cases, if you are caught, you could be charged with a felony crime of perjury. If you ever are charged with perjury, then you need to talk to a skilled Greenville, South Carolina, criminal defense attorney to ensure that your rights are protected and hopefully keep you out of prison. Today, we’re going to look at many things that you may not know about perjury in criminal defense cases.

When You Accidentally Provide False Information in Greenville, South Carolina

If you make a mistake and accidentally give false or misleading information without any intent to commit perjury, then you should not be charged with perjury in a Greenville, South Carolina, criminal defense case. If you are charged with perjury, then you simply need to establish that it was never your intention to provide false, misleading, or incomplete information, as the case may be.

How the Prosecution Will Try to Prove Perjury in Greenville, South Carolina, Criminal Defense Cases

It is important to be aware that the burden of proof is always on the prosecution in Greenville, South Carolina, criminal defense cases. This is true of perjury cases, too. They must provide evidence that you engaged in conduct that was unlawful by intentionally lying, providing misleading information, or omitting information that was required by law. If you did any of these things on accident, without knowing that you were doing it, then this is not perjury. As evidence that you committed perjury, the prosecution may provide statements, photos, witnesses, or videos of the crime itself and of the face that the information provided was false. For instance, in a workers’ compensation perjury case, they may provide your signed statement about a work related injury and also provide video that shows that you are not actually injured. If you provided a false alibi for someone else, then they may show the evidence where you lied, and also the evidence of where you really were at the time.

When You Ask Someone Else to Commit Perjury on Your Behalf in Greenville, South Carolina

Many people do not realize that requesting that someone else commit perjury on your behalf is also a form of a perjury that you can be charged with. If you ask someone else to give you an alibi for a crime or to say that you are injured when you are not, just as a couple of examples, then this is perjury on you and on the person who does it. If the person turns you in, instead of lying for you, then only you will be charged with perjury. In many cases, someone who commits perjury for someone else will attempt to minimize their own charges and punishment when caught by turning on the person who asked them to do it in the first place, turning them in to save themselves.

There Are Multiple Settings Where You Could Be Charged with Perjury in Greenville, South Carolina

While many people picture perjury as something that only happens when they are under oath in a trial, you can actually get in trouble for lying under oath in multiple settings. You could be charged with perjury for lying or providing incomplete or misleading information in a deposition, in a pre-trial hearing, in a civil case or criminal case, and in a grand jury hearing.  There are also multiple ways to be charged with perjury when it comes to documents, including court documents, bail bonds, DMV forms, college applications, affidavits, jury forms, tax returns, and sworn statements.

Multiple Persons Can Be Charged with Perjury in Greenville, South Carolina, Criminal Defense Cases

Perjury is not just for those who are on trial. Anyone who provides any false, misleading, or incomplete information with the intention to do so can be charged with perjury. This includes witnesses, experts, police officers, and attorneys, as well as the person who is on trial or signs false documents.

Contact a Greenville, South Carolina, Criminal Defense Attorney if You are Charged with Perjury

Perjury is a serious crime that may be a misdemeanor or felony, depending on the case. You are not likely to get a slap on the wrist for this kind of crime. Rather, you will end up in prison and punished by fines and penalties. Further, it will affect your reputation for the rest of your life. You will find it difficult to get anyone to trust you because they will see this on your criminal record. This includes future employers, lenders, and creditors. You need to work with a skilled Greenville, South Carolina, criminal defense attorney if you are facing perjury charges. Call Lauren Taylor Law to schedule a free consultation and learn more about your rights and your options.