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Day 61: Perjury: Lying Under Oath in Arizona

Perjury: Lying Under Oath in Arizona

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

Perjury in Arizona requires more than just being wrong on the stand—it requires a knowing, material falsehood; here’s what prosecutors actually have to prove.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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Perjury: Lying Under Oath in Arizona

Justice forms the bedrock of any civil society. To ensure the justice system functions effectively, it’s imperative that testimony given in court is truthful and reliable. This is where the concept of perjury comes in. In Arizona, as in many other jurisdictions, perjury is a crime that can carry serious repercussions. Let’s delve into what perjury entails under Arizona law and the consequences one might face if found guilty.

What is Perjury?

At its core, perjury is the act of lying or making misleading statements while under oath. This oath can be administered in a courtroom, during a deposition, or in various other legal settings. It’s not merely about lying; it’s about undermining the entire legal process, potentially leading to wrongful convictions or allowing the guilty to walk free.

Perjury Under Arizona Law

Arizona defines perjury under A.R.S. § 13-2702. It states that a person commits perjury by making either:

  1. A false sworn statement in regard to a material issue, believing it to be false.
  2. A false unsworn declaration, certificate, verification, or statement in regard to a material issue that one believes to be false, in cases where the unsworn declaration, certificate, verification, or statement is permitted by law as a substitute for a sworn statement.

It is important to note that the statement must be material to the proceeding. “Material” refers to statements that could potentially influence the outcome of the proceeding.

What Are the Penalties for Perjury in Arizona?

Perjury is a class 4 felony in Arizona. If convicted, a person can face penalties that include:

  • Prison time ranging from 1 to 3.75 years for a first-time offense.
  • Potential fines and restitution.
  • Probation for up to 4 years.
  • A permanent felony record.

In addition to legal penalties, those found guilty of perjury may face other indirect consequences like loss of credibility, tarnished reputation, and potential professional or personal repercussions.

Defenses Against Perjury Charges

There are several defenses that can be employed against a perjury charge in Arizona:

  1. Truthfulness: The most straightforward defense is to argue that the statement made was truthful.
  2. Belief in Truth: It might be possible to argue that the accused believed the statement to be true at the time it was made.
  3. Irrelevance: The statement in question was not material to the proceedings.
  4. Retraction: In some cases, if an individual corrects a false statement during the same continuous court or other proceeding in which it was made, it might serve as a defense.

It’s essential to consult with an attorney to understand the intricacies of these defenses and determine the best course of action for your specific situation.

Final Thoughts

Perjury is not a minor offense. Arizona treats it as a serious crime because of the potential harm it can cause to individuals and the justice system as a whole. It is crucial to be honest and forthright when testifying or providing statements under oath. If you ever find yourself facing accusations of perjury, it’s vital to act swiftly and seek legal counsel.Remember, your words carry weight, especially under oath. Not only can they determine the outcome of a particular case, but they can also significantly impact your future. Think before you speak, and always uphold the truth, especially when the weight of the law rests upon your words.If you or someone you know is facing perjury charges or has questions about the subject, reach out to the legal professionals at Tamou Law Group PLLC. With our experiencedise and dedication, we’ll ensure you have the best possible defense and guidance. Contact us today at 623-321-4699. Your justice and reputation are of paramount importance to us.

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Common Questions

Frequently Asked Questions

Is perjury a felony or a misdemeanor in Arizona?

Perjury is a class 4 felony in Arizona under A.R.S. § 13-2702, never a misdemeanor. A first-time conviction carries a prison range of roughly 1 to 3.75 years with a presumptive term of 2.5 years, plus fines, possible probation, and a permanent felony record.

What counts as perjury under Arizona law?

Under A.R.S. § 13-2702, perjury is making a false sworn statement about a material issue while believing it is false, or making a false unsworn declaration legally permitted as a substitute for a sworn statement. The lie must be material, meaning it could affect the proceeding’s outcome.

How long do you go to prison for perjury in Arizona?

A first-time perjury conviction in Arizona carries a prison range of 1 to 3.75 years, with a presumptive term of 2.5 years, because perjury is a class 4 felony. Courts may instead impose probation of up to 4 years, while prior felonies increase the sentencing range.

Can perjury charges be dismissed in Arizona?

Yes, perjury charges can be dismissed when the State cannot prove the statement was false, that you knew it was false, or that it was material to the proceeding. Because prosecutors must prove intent beyond a reasonable doubt, honest mistakes, faulty memory, and ambiguous questions are strong defenses.

Does a false statement have to be material to be perjury in Arizona?

Yes, Arizona’s perjury statute requires the false statement to be material, meaning it could have influenced the outcome of the proceeding. Lies about minor or irrelevant details generally do not support a perjury conviction, though they may still be charged as false swearing under A.R.S. § 13-2703.

What is the difference between perjury and false swearing in Arizona?

Perjury under A.R.S. § 13-2702 requires the false sworn statement to be material and is a class 4 felony, while false swearing under A.R.S. § 13-2703 covers any knowingly false sworn statement and is a class 6 felony. Materiality is the key distinction and drives the harsher penalty.

Will correcting a false statement stop a perjury charge in Arizona?

Retracting a false statement can help if you correct it during the same continuous proceeding, before the falsehood is exposed and before it substantially affects the case. A prompt, voluntary retraction may serve as a defense, but waiting until you are caught usually eliminates its value.

What should you do if you are charged with perjury in Arizona?

Contact a criminal defense lawyer before speaking to investigators, because anything you say can become new evidence in a perjury case. Tamou Law Group challenges falsity, intent, and materiality in perjury cases throughout Phoenix and Scottsdale, and offers free consultations. Call 623-321-4699, 24/7.

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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.

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