Facing a Perjury Charge?
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Here’s What You Need to Know
Perjury is a serious criminal offense that occurs when someone knowingly makes a false statement under oath, whether in court, an affidavit, or any other legal proceeding. If you’ve been charged with perjury, you may be facing significant legal consequences, including potential jail time. Understanding what perjury is, how it’s proven, and how to navigate a perjury charge is crucial in building a defence.
What is Perjury?
Perjury involves deliberately lying or providing false information after taking an oath or affirmation to tell the truth. This could happen during legal proceedings, such as giving testimony in court, or when submitting a sworn affidavit or declaration.
The offense is defined under Section 314 of the Crimes Act 1958.
What Does a Perjury Charge Involve?
To successfully prosecute a perjury charge, certain elements must be proven beyond a reasonable doubt:
- A False Statement Was Made:
The prosecution must show that the accused made a statement that was factually untrue.
- The Statement Was Made Under Oath or Affirmation:
The false statement must have been made in a setting where the individual was legally required to tell the truth, such as in court or in a sworn document.
- The Statement Was Made Knowingly:
It must be proven that the accused knowingly and wilfully lied or provided false information.
If convicted, the penalties for perjury can be severe. Under Section 314 of the Crimes Act, the maximum penalty for perjury is 15 years imprisonment, although actual sentencing will depend on the circumstances surrounding the offense.
How MK Law Can Assist You?
Being charged with perjury is a serious matter, and the consequences of a conviction can be life changing. MK Law has extensive experience in criminal defence and can assist you in understanding your legal position and preparing a strong defence strategy.
Here’s how we can help:
- Tailored Legal Advice:
We will thoroughly assess the facts of your case, advise you on the strength of the prosecution’s evidence, and provide clear guidance on your options.
- Strategic Defence:
We will work to challenge the prosecution’s claims, focusing on key areas such as whether the false statement was knowingly made and whether the conditions for perjury were met.
- Experienced Representation:
Our team will represent you in court, ensuring that your rights are protected at every stage of the legal process.
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What Should You Do Next?
If you are facing a perjury charge, it’s important to seek legal advice as soon as possible. The team at MK Law has the expertise to provide you with the best possible defence, helping you navigate the complexities of the legal system.
For confidential, expert advice tailored to your situation, contact MK Law at 1800 130 120. Let us help you achieve the best possible outcome for your case.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au