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Making a false statement under oath in an official proceeding is perjury. Perjury is charged as a felony under state and federal law, and it can result in a jail sentence. If you have been charged with perjury, legal help from an experienced Chicago perjury lawyer could be extremely beneficial. Price Benowitz offers support from criminal defense attorneys with plenty of experience handling perjury cases.

When Does a Prosecutor Charge Someone With Perjury?

As a Chicago attorney could explain in more detail, prosecutors often file perjury charges in conjunction with other alleged misdeeds. This usually happens when you have allegedly made a false statement in court or to investigators. You can be charged with perjury based on a statement you made, even if you are acquitted of a connected crime.

Perjury Defined

The state defines perjury as knowingly making a false statement under oath or affirmation in a proceeding where the law requires truthfulness. The statement must be material to the issue and made with the intent to mislead. Perjury is a Class 3 felony punishable by two to five years in prison or a fine. Perjury cannot be expunged or otherwise removed from your criminal record. You could be charged for committing perjury in a Chicago court or when giving depositions, affidavits, or sworn documents to an attorney.

Perjury Defined by Federal Law

Federal statute 18 U.S.C. § 1621 defines perjury as willfully giving a false statement in a judicial or official proceeding when under oath or penalty of perjury. You must make the false statement knowingly, and it must have the potential to influence the outcome of the proceeding. Perjury is punishable by up to five years in federal prison. Moreover, a conviction for federal perjury can result in a fine of up to $250,000 for individuals and up to $500,000 for organizations. A perjury lawyer in Chicago could advise you further.

The Legal Elements of a Perjury Charge

To prove a perjury charge against you in Chicago, the prosecutor must prove these elements:

• You took an oath to testify truthfully
• You made a false statement
• The statement was material to the proceeding
• You knowingly and willfully made the false statement

Knowing that a statement was untrue is fundamental to a perjury charge. You must have purposely made the statement knowing it was not truthful. In other words, to win a conviction, the prosecutor must prove that you intended to deceive or mislead.

Legal Defenses to Perjury

Perjury comes with a heavy burden of proof. Without documented evidence that you knew the statement was untrue, proving perjury can be difficult. Typically, perjury charges arise after new evidence has been discovered, such as a phone recording or email that proves you knew something you previously denied knowing.

One defense to a perjury charge is arguing that you had no intent to mislead. The lack of intent defense aims to show that you made the false statement unintentionally or mistakenly. Another defense is to argue that the statement was not relevant to the proceeding, which is known as the immateriality defense.

Recantation is another common defense that perjury attorneys in Chicago may use. If you promptly corrected the untrue statement, your lawyer could argue that you recanted it. Finally, if the meaning of the statement was not clearly false or misleading, your lawyer could argue that your words were ambiguous.

What a Perjury Attorney Does

A perjury lawyer in Chicago provides legal support, advocacy, and representation. Your lawyer could evaluate your alleged perjury to consider which defense may best apply. By evaluating the evidence, identifying weaknesses in the prosecution’s case, and building a strong defense, you are doing everything you can to contest the charge.

The district attorney must prove the allegations against you. Your lawyer’s role is to create doubt that the prosecutor has fully proven perjury. They may also negotiate with the prosecution. If your case goes to court, your attorney will work to protect your rights at every stage, challenge improper procedures, object as appropriate, and present the best possible defense.

Contact a Perjury Attorney in Chicago Today

When your freedom and finances are at risk, call Price Benowitz. A seasoned Chicago perjury lawyer could work hard to build your defense. Call Price Benowitz today to schedule your free, confidential case evaluation and begin the process of protecting your legal rights.