When people tell lies in everyday life, the penalties for it are generally only social, as a lie can hurt people’s feelings or lead to a lack of trust. When you lie in court or under oath in other proceedings, a lie is more than a lie. Instead, it is known as a crime called perjury.
The state does not only criminalize perjury, but it also criminalizes people who try to get others to perjure themselves. Lying in court or under oath can lead to criminal consequences, including substantial fines and prison time, and trying to get someone to lie for you has similar consequences. If you have found yourself in this position, you need the assistance of a Pickens County perjury lawyer. Christopher L. Jones is a well-versed criminal defense attorney and can help you navigate those charges.
Understanding Perjury Laws
South Carolina Code Annotated § 16-9-10 makes it unlawful for people to give false, misleading, or incomplete testimony while under oath in any proceeding or in documents or forms required by state law. If you perjure yourself under oath, it is a felony with a potential prison sentence of up to five years and a fine that is up to the court’s discretion. If you perjure yourself in a document or form, it is a misdemeanor with a fine of up to $100 and a potential sentence of up to six months.
Convicting a person of perjury is possible even if they are not the one who lies. Inducing, procuring, or persuading someone else to commit perjury is also perjury. Additionally, there is a separate offense for suborning perjury under South Carolina Code Annotated § 16-9-20. Willfully inducing, procuring, or persuading someone to commit perjury in a civil proceeding or action is suborning perjury. When the underlying action is a civil suit, the crime is a misdemeanor with a fine of not less than $200 and imprisonment of up to six months.
South Carolina Code Annotated § 16-9-30 addresses falsely swearing an oath before a person authorized to administer oaths. The potential penalty for this crime is a prison sentence of up to five years plus a fine at the court’s discretion. If you believe you have committed perjury, discussing the circumstances with a Pickens County perjury attorney is essential.
Intent Is an Element of Perjury
Understanding that perjury is a crime of intent is vital. You must intend to lie or otherwise make a false statement for it to be perjury. If you honestly believed the statement was accurate when you made it, it is not perjury, even if the statement was false. A mistake of fact is not a lie.
While intent is part of the crime, establishing that you made a genuine mistake can be tricky. A perjury attorney in Pickens County will explore ways to demonstrate that you genuinely believed the statements to be factual. A trained attorney may use your emails, text messages, social media posts, and prior statements to show your sincere belief.
Correcting False Statements
The prosecution will use the same evidence to prove you knew the information was false. One available strategy is to have you correct the false statement. This strategy is not always successful. Depending on the consequences of the false statement and whether there is time to correct the statement, you may still face false perjury charges. However, a judge or jury may see the effort to correct the false statement as mitigation and reduce your punishment in a trial.
Talk to a Pickens County Lawyer About Your Perjury Case Today
There are many reasons someone might lie under oath or on a document. You may have had the best of intentions at the time you made the statement, believed the statement to be accurate, or simply have been trying to avoid getting in trouble. However, a lie under those circumstances is a crime.
If you are charged with perjury, getting help from a Pickens County perjury lawyer is essential. Schedule a consultation with Christopher L. Jones. During a consultation meeting, he can help you understand the charges against you and explore potential defenses.
