How Perjury Affects a Criminal Case
If you are ever asked to testify in a criminal court case, you must tell the truth. In Arizona lying under oath is a crime called perjury. Committing perjury could cause a mistrial, discredit the defendant, and even land you in prison. Let’s take a closer look at what perjury means, how it affects a criminal case, and the consequences of committing this crime in Arizona.
Definition of Perjury in Arizona
Perjury is defined as intentionally making false statements while under oath in an attempt to change the outcome of a criminal case.
There are several ways to commit perjury:
- Lying about fundamental facts
- Omitting the truth about fundamental facts
- Altering crucial facts with the intention to mislead
- Verifying false information in legal documents
It is important to note that not all lies count as perjury. Lying under oath is only a criminal act if you intend to mislead the criminal proceedings. Refusing to answer a question, or not showing up as a witness when subpoenaed are not perjury, but also hold criminal consequences in Arizona.
An Example of Perjury
In court you said: “James drove a red car.”
- This would be considered perjury if James drove a blue car and you saw him drive away from the bank robbery he is being tried for.
- If the color of James’ car did not matter in the case because he is on trial for insurance fraud, the lie would not be considered perjury.
The Effects of Perjury On a Criminal Trial
In a criminal case, witness testimony can be used by both sides. The prosecution can use witnesses to place the defendant in the area at the time the crime was committed or have accomplices explain the defendant’s role in the crime. On the other hand, the defense might use witnesses to prove an alibi or testify as to the defendant’s character.
When a witness commits perjury, they can dramatically change the outcome of a case. Lying under oath can cause a mistrial or discredit the defendant.
Many believe that a mistrial means the charges are automatically dismissed. However, that is not true. Typically the case is left in limbo until a decision is made. The prosecution can decide to retry the case with a new jury, offer a plea bargain, or dismiss the charges (although this is rare).
Perjury can also affect how the judge and jury view the defendant. Sometimes this can make a guilty verdict more likely, or prompt the judge to lean toward harsher sentencing.
Consequences of Perjury
Committing perjury is a class 4 felony in Arizona. This crime carries a sentence of one to fifteen years in prison. The amount of time spent in prison depends on factors like previous convictions for perjury or other felony convictions in the last two years. Along with time spent in prison, a conviction also has a heavy impact on your finances. You will have to pay court fees and there is also a potential for fines.
Criminal Attorney in Phoenix Arizona
If you have been charged with a felony, you need an experienced lawyer on your side. A felony conviction means losing certain civil rights, a minimum prison sentence, fines, fees, and more. It can impact your ability to find housing and employment, and disqualify you from receiving government benefits.
But when you have a criminal defense attorney on your side, you have a much better chance of winning your case. The Van Norman Law team has over 25 years of experience defending cases in the Arizona justice system. If you are facing criminal charges, don’t take the chance with a court-appointed attorney. Contact us today for a consultation on your case.
Images used under creative commons license – commercial use (1/10/25). Photo by Pawel Czerwinski on Unsplash.