Michigan Perjury Defense Attorneys
The lawyers at The Kronzek Firm PLC, are highly ethical and well-trained. We fully understand the significance of a perjury prosecution, arrest or conviction. We can help with your perjury case, or any other serious felony charge in Michigan’s state or federal courts. The perjury statute is intended to protect the integrity of the legal system, the perjury statute helps ensure that witnesses will be truthful while testifying. For example, false testimony could subvert criminal proceedings; and in turn, an innocent defendant could be wrongfully convicted and forced to bear unfair punishment.
Perjury Committed in Courts
This form of perjury is where a person makes false statements under oath or affirmation while testifying in a court of law. A person lawfully required to provide the truth in such a setting and then lies may be criminally charged. For a conviction to result at trial, the following must be proven beyond a reasonable doubt:
- The defendant was legally required to take an oath in a court proceeding;
- The defendant took the oath;
- While under oath, the defendant made a false statement;
- The defendant knew that that statement was false when provided.
If the perjury occurs during the trial of a capital crime, then the individual may be charged with a felony with a maximum penalty of life or any term of years. For perjury committed in any other case, the person may be charged with a felony with a maximum penalty is 15 years in prison.
Perjury and Records
Effective April 1, 2013, any person authorized by state statute to take an oath—or an oath is legally required—who willfully swears falsely regarding any matter related to such an oath may be charged with a felony with a maximum penalty of 15 years in prison. This applies to an individual who willfully makes a false declaration in a record that is signed (authenticated) and given under penalty of perjury. These may be electronic records or in other mediums that are retrievable. Subornation of Perjury A person who suborns perjury—as in procures another individual to lie under oath—may be charged with a felony with a maximum penalty of 15 years in prison. Inciting or Procuring to Commit Perjury without Perjury Committed An individual who attempts to incite or procure another to commit perjury—even though no perjury was committed—may be charged with a felony with a maximum penalty of 5 years in prison. Court Reasonably Believes Perjury Committed Whenever a court determines that any legally sworn and examined witness—or one that has made an affidavit in any court proceeding—has testified in a way to cause a reasonable presumption that he or she has committed perjury, the court may immediately take action and commence the process of criminally charging this witness.
Contact Us Today The Kronzek Firm PLC, is a full-service law firm that helps clients at every step of a criminal case. Even if you haven’t been charged with perjury yet, we can still be of great service at this preliminary stage. We offer a free consultation to those considering retaining us at (866) 7-NoJail!
Call Toll Free (866) 766-5245