Perjury and Subornation of Perjury

Nevada Defense Attorney Explains Perjury Offenses

In the criminal justice system in the state of Nevada, defendants are considered innocent until they have been proved guilty. Both prosecutors and defendants can present evidence in court. The prosecutor’s goal is to prove guilt beyond a reasonable doubt, while defendants can try to raise affirmative defenses or can try to introduce doubt about the prosecutor’s case.

Both prosecutors and defendants rely often upon witness testimony in court proceedings. Because of the importance of eyewitness testimony and expert witness testimony, witnesses are supposed to be truthful in court so their statements can be relied upon. Witnesses must swear to tell the truth before providing testimony and Nevada law also imposes punishments in circumstances where a witness perjures himself. Not only can the witness face legal consequences for perjury, but others who support, encourage or facilitate perjury can also be charged with a criminal offense as well.

Perjury is considered to be a crime against public justice, so perjury offenses are defined within Chapter 199, which is the section of the Nevada code that criminalizes behaviors that interfere with the fair proceedings of the criminal justice system. There is a subsection within Chapter 199 that details the types of perjury crimes that can be committed.

If you are accused of a perjury-related offense or if you are charged with perjury or subornation of perjury, you face very serious charges. You need to talk with a Nevada defense attorney to determine how you can fight the serious accusations that you are facing and to get help trying to defend your good name and protect your freedom. A Las Vegas criminal defense attorney at LV Criminal Defense is here and ready to help any defendants facing perjury charges, so give us a call as soon as possible.

Perjury Offenses in the State of Nevada

The subsection within Chapter 199 that provides details on perjury offenses in Nevada includes Nevada Revised Statutes sections 199.120 through N.R.S. 199.200. These different subsections of the Nevada code provide definitions relevant to determine whether someone has committed a perjury offense, and provide definitions of the type of behaviors that are considered criminal conduct. For example:

• Nevada revised statute section 199.120 provides a definition of perjury, explains circumstances in which a defendant could be convicted of perjury, and details possible penalties. Perjury is broadly defined to include any situation where you’ve made an oath or made affirmations in a judicial matter and you testify to false material matters or make statements that you know are untrue. If you aid or facilitate perjury crimes in others, you can also be punished under 199.120 for subornation of perjury. Perjury and subornation of perjury are category D felony offenses according to the relevant statute.
• N.R.S. 199.125 defines oath, and swear, both of which are important words to define because conviction for perjury requires that you mislead after taking an oath or swearing the statements you are making are true and accurate to the best of your knowledge.
• N.R.S. 199.130 defines the crime of making a false complaint or a false affidavit in order to cause an arrest or to cause a search.
• N.R.S. 199.140 criminalizes the use of a fictitious name on a complaint or affidavit that will result in a search or result in an arrest.
• N.R.S. 199.150 defines the crime of attempting to suborn perjury. It does not matter if a person actually perjures himself or not; you can still be charged with a crime of trying to facilitate perjury occurring in criminal proceedings.
• N.R.S. 199.160 details the offense of perjury or subornation of perjury in procuring the execution of an innocent person.
• N.R.S. 199.180 explains what happens when there was an irregularity in administering an oath or in situations where a witness is not competent. As the statute makes clear, neither the incompetency of the witness nor irregularity in administering the oath can serve as defenses to perjury.
• N.R.S. 199.190 details the circumstances under which a deposition is deemed to have been completed.
• N.R.S. 199.200 addresses the rules for situations where a statement is made regarding what someone does not personally know to be a true fact. According to the relevant statute, in any circumstances where a person makes a statement which that individual does not know to be true, this statement is equivalent to a false statement and the individual could thus face perjury charges and associated penalties if the statement is made after being sworn in or taking an oath to tell the truth in any judicial proceedings.

It is imperative that you understand what the definition of perjury or subornation of perjury is and that you understand the different options that you have for defending yourself if you have been accused of perjury. You should consult with a Vegas criminal lawyer to find out what a prosecutor would need to demonstrate in order to show that you committed a perjury offense.