In Weld County, any time a person gives false information under oath they can be charged with Perjury. Perjury can be charged as a felony or petty offense, depending on the circumstances surrounding the act. Below, our affordable lawyers at Greeley’s O’Malley Law Office discuss Perjury charges. If you are facing Perjury charges in Larimer County or Fort Collins, get help here.
Definition of Perjury, in Greeley, Colorado
There are 3 types of Perjury in Greeley: Perjury in the 1st Degree, Perjury in the 2nd Degree and False Swearing. Each of these have slightly different definitions and penalties associated with the charges. Let’s look at each of these charges:
Perjury in the 1st Degree, C.R.S. 18-8-502
(2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant’s mistaken belief that his statement was not material is not a defense, although it may be considered by the court in imposing sentence.
Perjury in the 2nd Degree, C.R.S. 18-8-503
False Swearing, C.R.S. 18-8-504
In Weld County Courts, What is the Definition of “Materially False Statement” in Perjury, C.R.S. 18-8-502?
Perjury statutes state that a defendant in Weld County Courts needs to knowingly make a “Materially False Statement,” in order to be charged with any degree of Perjury. The definition of a “Materially False Statement” is:
A false assertion that affects the action, conduct, or decision of the person who receives or is intended to receive the asserted information in a manner that directly or indirectly benefits the person making the assertion.
Examples of Situations for 1st Degree Perjury, 2nd Degree Perjury, and False Swearing in Weld County
Examples of 1st Degree Perjury, 2nd Degree Perjury, and False Swearing in Weld County are:
1st Degree Perjury:
- In a trial
- In a deposition
- Before a Grand Jury or other legal proceeding
2nd Degree Perjury:
- Lying on a professional license application
- Lying in a meeting under oath with a D.A.
- Lying on an Unemployment Application
False Swearing:
- Lying on a document that states all the information you give is correct.
Sentence and Penalties for Perjury in Greeley, Colorado
In Greeley, the sentence and penalty for Perjury depends on the type of Perjury charged. 1st Degree Perjury is a class 4 felony, that carries penalties of 2 to 6 years in Colorado State Prison, and a fine ranging from $2,000 to $500,000. 2nd Degree Perjury is a class 2 misdemeanor, with penalties of up to 120 days in the Weld County Jail and /or up to $750 in fines. False Swearing in Greeley is a petty offense and carries up to 10 days in jail and up to $300 in fines.
Why Hire a Skilled Lawyer? What are Defenses to a Perjury Charge in Weld County?
A Perjury charge in Weld County, is not a conviction. Skilled lawyers can help you successfully navigate a Perjury charge. Our lawyers have over 30 years of experience and can aggressively fight for your future. Some successful defenses to a Perjury charge can be:
- There was a misunderstanding, and the terms of the question or affirmation were vague
- You did not lie, simply because someone else has a different opinion than you do
- The statement was misleading, but not false
- There is not enough evidence to prove you made a materially false statement