Honesty is always the best policy. But if you are facing a Perjury charge in Weld County, you will need Greeley, Colorado’s leading criminal defense lawyers to get the best outcome in your case. Perjury can be charged as either a misdemeanor or felony, so it is important to understand the charges against you and how they apply to what actually happened. Or, more importantly, what the government can prove happened.
#1 Definition of Perjury, C.R.S. 18-8-502, in Greeley, Colorado
The Greeley definition of Perjury, located at C.R.S. 18-8-502, is:
(2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant’s mistaken belief that his statement was not material is not a defense, although it may be considered by the court in imposing sentence.
#2 What is the Difference Between First and Second Degree Perjury in Weld County?
First Degree Perjury in Weld County occurs when a person under oath makes a materially false statement during an official court proceeding. This is the typical situation that most people think of when discussing Perjury. For example: John lies, under oath during a trial, swearing that he did not know the defendant when in fact he did know the defendant and has spent time with him. It is important to note that only false statements can be considered as Perjury. Statements that are misleading, but not false, may not be charged as Perjury.
Second Degree Perjury occurs when a person, under oath, makes a materially false statement to prevent a public servant from doing their job or duty. This could be signing that “I swear all the given information above is true,” lying on a federal document such as Unemployment benefits application or Social Security.
#3 What is the Definition of a Materially False Statement in Weld County?
The Weld County definition of a materially false statement is:
Simply put, a person makes a materially false statement to receive a favorable outcome in a court proceeding or other official matter.
#4 What are the Penalties for Perjury in Greeley, Colorado?
In Greeley, a First Degree Perjury conviction is a class 4 Felony, with possible penalties of 2-6 years in the Colorado Department of Corrections and a fine from $2,000 – $500,000. A Second Degree Perjury conviction is a class 1 misdemeanor, with possible penalties of 6 to 18 months in the Weld County Jail, or a fine ranging from $500 to $5,000.
#5 Defenses to Perjury in Weld County
A Weld County Perjury conviction can lead to a criminal record, time in prison or jail and a significant fine. Having the top Greeley defense lawyers defend your case is important. Some of the defenses they may assert on your behalf include:
- Proving You were falsely accused
- You recanted the lie immediately, before anyone relied upon it
- There was a misunderstanding or ambiguity in what you said
- What you said may have been false, but you believed it to be true
Facing a Perjury charge in Greeley or Weld County? Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office. Call 970-616-6009 to meet with an experienced criminal defense lawyer in Weld County and the Greeley area. Together, we can protect your future.
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