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When a person gives testimony or a written affidavit under penalty of perjury, the Nebraska courts take this promise seriously. Because trust can be one of the key elements of fact-finding and the law, a conviction for committing perjury can lead to harsh penalties that can include years of jail and tens of thousands of dollars in fines. This does not cover the threats to a person’s reputation and future that a conviction can bring.
If you are facing accusations of lying under oath, a Nebraska perjury lawyer can defend your reputation and freedom. A diligent criminal lawyer can examine the specific facts surrounding the allegations to build a strong defense to the charges you are facing.
Understanding when False Statements are Illegal
Under Nebraska Revised Statutes §28-915, perjury is defined as making a material, false statement in an oath or affirmation or lying during an unsworn declaration meeting that meets the requirements of the Uniform Unsworn Foreign Declarations Act. In Nebraska, these actions are considered a Class III felony.
For a Class III felony, a conviction may lead to a sentence of four years in prison, two years of post-release supervision, and a $25,000 fine. However, depending on the circumstances, a person may be able to use the affirmative defense that the accused party made a retraction of the false statement before it was discovered that the declaration was untrue. A knowledgeable Nebraska perjury attorney could discuss other possible defenses that may be viable for your particular case.
What is the Subornation of Perjury?
Also, per the Neb. Rev. Stat. §28-915, a person may be charged with the subornation of perjury if he or she allegedly persuaded another to commit perjury. Like perjury, subornation is a Class III felony, which can result in four years of incarceration, two years of probation, and a $25,000 fine.
In accordance with the statute; however, no person may be convicted of subornation of perjury on the sole basis that another person gave conflicting testimony to their own. A skilled perjury lawyer in Nebraska can fight these allegations.
Lying on Notarized Oaths or Affirmations in Nebraska
Under Neb. Rev. Stat. §64-107.01, oaths and affirmations may be made before a notary public. However, these actions are generally still under the penalty of perjury, and the notary is a witness to a signature on an oath or affirmation, rather than the maker of the statement.
As such, a material, false statement made outside the courtroom walls may still be considered perjury. An informed perjury attorney in Nebraska is well-versed in cases involving alleged false statements on documents. They can help explain how these allegations arose and build a strong defense to fight them.
Speak with a Nebraska Perjury Attorney Today
If you were accused of committing perjury, or the subornation of perjury, you should get the help you need to fight the allegations. A seasoned Nebraska perjury lawyer could defend your reputation in an out of court. With their help, you may be able to reach a more positive outcome. Call Berry Law today to schedule a confidential consultation and discuss your situation.