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Madison WI Perjury Defense Lawyer Attorney
Perjury in Wisconsin is a Class I
felony, punishable by up to six years prison and up to a $10,000
fine. Most people understand that a perjury charge requires proof
of a lie. It is important to note, however, that not just any lie,
not even a lie in court, is necessarily perjury. To amount to
perjury in Wisconsin the state must prove all of the following
beyond a reasonable doubt:
That the defendant orally made a
statement;
That the defendant was under oath
or affirmation at the time the statement was made;
That the defendant did not believe
that the statement was true at the time it was made;
That the statement was made in a
proceeding before a court;
That the state was material to the
proceeding.
If a person makes a sworn state in
court that is wrong, but the person believes that the statement was
true at the time it was made, it is not perjury in Wisconsin. If
the person knew that the statement was false at the time it was
made, however, a subsequent correction of the state is not a defense
to perjury. For the purposes of the Wisconsin perjury law, a
material statement is one which tends to prove or disprove any fact
that is of consequence to the determination of the proceeding in
which the statement is made. If a knowingly false statement is made
in a court proceeding, but the statement is not material to the
proceeding, it is not perjury under the WI criminal law. Under the
WI perjury law, “court” is not limited to what most people consider
a court. It includes all of the following:
(a) A court;
(b) A magistrate;
(c) A judge, referee
or court commissioner;
(d) An administrative
agency or arbitrator authorized by statute to determine issues of
fact;
(e) A notary public
while taking testimony for use in an action or proceeding pending in
court;
(f) An officer
authorized to conduct inquests of the dead;
(g) A grand jury;
(h) A legislative body
or committee.
If
you face a charge of perjury in Wisconsin, it is best to contact an
experienced criminal defense attorney to review the case. Call
Madison criminal lawyer Robert T. Ruth at 608-257-2540 for a free
consultation.
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