Perjury or lying under oath is a serious crime in Tulsa, Oklahoma. If convicted of perjury in Oklahoma, you could face large fines and jail time.
Consultation with a trained Tulsa criminal defense attorney can help you prepare the best defense possible and preserve your rights.
Perjury in Oklahoma Defined
Perjury occurs when a person makes a false statement under oath. Statements may be taken under oath under many circumstances including trials, hearings, investigations, and depositions.
Perjury can also be charged when someone gives contradictory statements under oath, in the same or in different proceedings. Okla. Stat. tit. 21 § 496
Finally, perjury can be charged when trying to get another witness to lie under oath. Okla. Stat. tit. 21 § 504
Defenses Against Perjury in Oklahoma
The only defense against a perjury in Oklahoma charge is that the statement was true. Okla. Stat. tit. 21 § 491
Or, in the case of contradictory statements, that at the time he made each statement – the accused believed the statement was true. Okla. Stat. tit. 21 § 499
Penalties for Perjury in Oklahoma
Perjury is a felony offense punishable by imprisonment depending on where the perjury occurred:
- In a felony indictment trial perjury is punishable by 2 to 20 years in prison;
- In any other trial proceeding in a court of justice, by 1 to 10 years in prison;
- In all other cases by imprisonment for up to five years.
The degree to which a perjured statement might have affected some phase or detail of the trial, hearing, investigation, deposition, certification, or declaration shall be considered, together with the other evidence or circumstances, in imposing sentence. Okla. Stat. tit. 21 § 498
The defendant could be fined up to $10,000. Okla. Stat. tit. 21 § 64
Procuring another to commit perjury is a felony crime punishable as if the accused committed perjury himself.
Proof of Perjury in Oklahoma
Proof of guilt beyond a reasonable doubt is enough for a perjury conviction. No specific evidence is necessary.
Lacks of materiality or incompetency are not defenses to perjury. In a prosecution for perjury by contradictory statements, it is unnecessary to prove which, if any, of the statements is not true.
Free Consultation: Tulsa Criminal Defense Attorney
When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a free consultation with an experienced Tulsa criminal defense attorney to discuss your available legal options.
Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262.
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