Fayetteville Perjury Lawyer

Perjury Attorney in Fayetteville, NC

North Carolina law defines perjury as knowingly and intentionally making a false statement while under oath. In many court circumstances, individuals are required to take an oath, signifying their honesty. When this oath is broken, serious consequences can be imposed. If you have been charged with perjury, a skilled Fayetteville perjury lawyer can help you fight the charges and avoid unnecessary penalties and consequences.

The penalties a person faces if convicted of a perjury charge may vary, but they can undoubtedly have a negative effect on their life, regardless of the severity. Having a perjury conviction on your record can impact your professional life for years to come.

Perjury Laws in North Carolina

While perjury is a crime that involves lying, the requirements for being charged with perjury are slightly more complicated than simply giving false information. The following elements are essential and must be present in order for someone to be charged with perjury:

1. Oath. Perjury is defined as intentionally making a false statement while under oath. Simply lying in a professional setting does not qualify; an oath must be taken before false information is given for it to be considered perjury. Since intent is a central factor, understanding how criminal intent is treated under North Carolina law can provide clarity on how prosecutors build perjury cases.
2. False information. It must be proven that the information given was false. This may include partially false information or wholly false information.
3. Intent. It must not only be proven that false information was given, but that it was given with the intention of being deceptive. In many cases, individuals may share information that is false, believing it to be true. False information shared unknowingly cannot be charged as perjury.

It is essential to understand each of these components of a perjury charge because proving one of them to be missing can result in your perjury charge being dropped. A knowledgeable Fayetteville perjury attorney can help.

Penalties For Perjury in Fayetteville, NC

The penalties a person receives for a perjury conviction depend on the severity of their case and their prior criminal record. While all cases of perjury are classified as class F felonies, the penalties can vary. The state of North Carolina categorizes punishments into three classifications: active, intermediate, and community. They are defined as such:

• Active Punishment. Active punishment. Individuals convicted of a felony serve their sentence in the state prison system, with the length of time varying based on the judge’s decision. To see how sentencing is classified, this explanation of felony and misdemeanor distinctions under North Carolina law offers helpful context for perjury cases.
• Intermediate Punishment. Individuals convicted of a lower-class felony may receive this penalty, which involves a period of supervised probation.
• Community Punishment. Examples include house arrest, required community service, educational or therapeutic treatment programs, and fines.

Depending on an individual’s criminal record, they may receive any of the above punishments. For those in Fayetteville serving an active punishment jail sentence, the nearby state correctional institutions include the following:

• Sampson Correctional Institution, located at 700 NW Blvd, U.S. Hwy 421 North in Clinton, NC
• Richmond Correctional Institution, located at 1573 McDonald Church Road in Hoffman, NC

Why Choose Us?

At the W. James Payne Law Firm, we are passionate about assisting the 210,100 residents of Fayetteville achieve the justice they deserve. W. James Payne has dedicated his professional life since 1984 to helping clients with their criminal defense needs. His bar licenses include the North Carolina Supreme Court, the United States District Court for the Eastern District of North Carolina, and the United States Court of Military Appeals.

FAQs

What Is the Penalty for Perjury In North Carolina?

The specific penalty for perjury in North Carolina can vary depending on circumstances, but in many cases, a conviction for perjury results in a felony charge. The charge is categorized as a class F felony. The amount of time a person spends in jail for a class F felony depends on their criminal history. First-time offenders can expect to spend anywhere from 10 to 20 months imprisoned, while repeat violators may receive a sentence of up to 41 months.

Is It Common to Be Charged with Perjury in Fayetteville, NC?

The Bureau of Justice reports that from 2020 to 2023, there were a total of 1,016 investigative cases initiated involving perjury, contempt, and intimidation. Nationally, perjury accounts for less than 1% of federal prosecutions. While perjury may not be the most commonly investigated type of crime, numerous individuals face charges. Perjury is considered to be a serious crime within the U. S. and North Carolina and carries significant penalties for those found guilty.

Does a Lawyer Have to Report Perjury in Fayetteville, NC?

According to NC Rule 3.3, lawyers are required to act in candor toward the tribunal or court. This means that it is unlawful for them to knowingly make or support false statements. If their client makes a false statement, it is the lawyer’s responsibility to disclose such information to the court. Additionally, lawyers are required to refuse to offer evidence that is fabricated or untrue. Therefore, they are required to report client perjury should they become aware of it.

What Are Some Defense Strategies for Perjury in Fayetteville,NC?

In order to commit perjury, a person must knowingly lie. Therefore, one strong defense strategy for someone who has been charged with perjury is to claim that you lied unknowingly, based on faulty information, or simply misunderstood a certain situation. Your lawyer may attempt to prove that you genuinely believed your statement to be true, in which case you would not have committed perjury.

Hire a Perjury Lawyer: W. James Payne Law Firm

If you have been charged with perjury, you need to act quickly to hire a perjury lawyer. In North Carolina, perjury charges are classified as felonies, which means the consequences can be severe if you are found guilty. An experienced lawyer who has handled perjury cases in the past can gather the right evidence and build a strong case on your behalf, which can help you defeat your charges.

At the W. James Payne Law Firm, we have helped numerous clients defend against perjury charges. Even if it seems there is no way out, we can work to build a case that can withstand prosecution. We believe each client has the right to a fair trial and deserves a strong defense. Contact us today to learn more about who we are and how we can help. We are passionate about defending clients like you.