Being accused of perjury in Fargo, North Dakota, can feel like your entire world has been turned upside down. The justice system, designed to seek truth, views any attempt to corrupt that truth with extreme gravity. You might be facing overwhelming fear and uncertainty about your future, your reputation, and your freedom. The accusations alone can cast a long shadow over your personal and professional life, making you feel isolated and vulnerable. It’s a situation that demands immediate and decisive action, because the consequences of a perjury conviction are far-reaching and severe, impacting every facet of your existence.
In this moment, it’s crucial to understand that you are not alone, and you don’t have to face this formidable challenge by yourself. When you choose me as your attorney, we stand together against the full force of the prosecution. They have their resources and their agenda; we have our unwavering commitment to your defense and a strategic approach tailored to your unique circumstances. My role is to be your protector, your advocate, and your relentless fighter in the courtroom. I will stand by your side, meticulously dissecting the prosecution’s claims, challenging every piece of evidence, and building a robust defense designed to safeguard your rights and secure the best possible outcome for your future.
The Stakes Are High: Understanding North Dakota’s Perjury Laws & Penalties
Perjury, in simple terms, is lying under oath or equivalent affirmation in an official proceeding. It’s not just a minor misstatement; it’s a deliberate act to deceive the court or an official body, and North Dakota law takes it extremely seriously. The consequences of a perjury conviction can be life-altering, carrying the potential for significant prison time, hefty fines, and a permanent criminal record that will impact your life long after any sentence is served.
What the Statute Says
The offense of perjury in North Dakota is governed by North Dakota Century Code Section 12.1-11-01.
- A person is guilty of perjury, a class C felony, if, in an official proceeding, the person makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a false statement previously made, when the statement is material and the person does not believe the statement to be true.
- Commission of perjury need not be proved by any particular number of witnesses or by documentary or other types of evidence.
- If in the course of one or more official proceedings, the defendant made a statement under oath or equivalent affirmation inconsistent with another statement made by the defendant under oath or equivalent affirmation to the degree that one of them is necessarily false, both having been made within the period of the statute of limitations, the prosecution may set forth the statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant to be true. Proof that the defendant made such statements constitutes a prima facie case that one or the other of the statements was false, but in the absence of sufficient proof of which statement was false, the defendant may be convicted under this section only if each of such statements was material to the official proceeding in which it was made.
- For purposes of this section, “false statement under oath or equivalent affirmation” includes a writing made in accordance with chapters 31-14 and 31-15.
As a Class C Felony
Perjury in North Dakota is classified as a Class C Felony. This is a serious offense with significant potential penalties. If convicted, you could be facing a maximum of five years in prison and a fine of up to $10,000. Beyond the immediate legal repercussions, a felony conviction carries a lifelong stigma, impacting your ability to secure employment, housing, and even certain professional licenses. The court may also impose other conditions, such as probation or restitution.
What Does a Perjury Charge Look Like in Fargo?
A perjury charge in Fargo isn’t always about a dramatic courtroom lie in a high-profile trial. It can arise from various situations where an individual, under oath or affirmation, makes a statement they know to be false, and that statement is material to the proceeding. This means the false statement had the potential to influence the outcome of the official proceeding. It’s a crime that strikes at the heart of the justice system’s integrity, and prosecutors in North Dakota pursue these cases aggressively.
These charges can happen to anyone in our community, often stemming from moments of panic, misunderstanding, or a misguided attempt to protect oneself or others. The broad definition of “official proceeding” means it’s not limited to trials, but can include depositions, grand jury hearings, administrative hearings, and even written sworn statements. Understanding how these scenarios can unfold is crucial to recognizing the seriousness of a perjury accusation.
Misrepresenting Financial Information in a Divorce Proceeding
During a contentious divorce proceeding, one spouse, under oath during a deposition, intentionally provides false information about the value of their assets or income. For example, they might significantly underestimate the value of a business they own or fail to disclose certain bank accounts, aiming to reduce their spousal support or property division obligations. This false statement, made under oath and material to the division of marital assets, could lead to a perjury charge if proven to be intentionally untruthful. The intent to deceive the court regarding financial disclosures is a clear example of how perjury can arise in civil matters.
Fabricating Testimony in a Child Custody Battle
In a highly emotional child custody dispute, a parent might testify under oath about the other parent’s character or actions, providing details they know to be untrue, in an effort to gain an advantage in the custody arrangement. For instance, they might falsely claim the other parent engaged in dangerous behavior or neglected the child, knowing these claims are baseless. If these statements are made under oath and are material to the court’s decision regarding the child’s best interests, and the parent knew they were false, it could constitute perjury.
Providing False Information to a Grand Jury
A witness subpoenaed to testify before a grand jury investigating a white-collar crime, such as embezzlement, might deliberately lie about their knowledge of the accused’s activities or financial transactions. They might deny ever seeing certain documents or attending specific meetings, even though they were directly involved. Because grand jury proceedings are official proceedings where testimony is given under oath, and the information is material to the grand jury’s investigation, providing knowingly false information in this setting can result in a perjury charge.
Submitting a False Sworn Affidavit
An individual involved in a civil lawsuit might submit a sworn affidavit to the court, attesting to certain facts or circumstances. If this individual intentionally includes false statements in the affidavit, knowing them to be untrue, and these statements are material to the case, they could face charges of perjury. This can occur in various contexts, from personal injury claims where medical facts are misrepresented to contract disputes where the existence or terms of an agreement are falsified. The act of swearing to the truth of a written statement makes it subject to perjury laws.
Building Your Defense: How I Fight Perjury Charges in Fargo
Facing a perjury charge in Fargo requires an aggressive and proactive defense strategy. The prosecution will try to convince the court that you intentionally made a false statement under oath, and they will present their evidence to support that claim. However, their narrative is not the only one, and it is my role to ensure your side of the story is heard, thoroughly investigated, and powerfully presented. We will not simply react to the prosecution’s moves; we will anticipate them and build a robust defense designed to dismantle their case.
Every aspect of the prosecution’s story must be challenged at every turn. From the materiality of the statement to your intent, or the circumstances under which the statement was made, there are numerous avenues for defense. We will meticulously examine every piece of evidence, scrutinize witness testimonies, and explore all possible alternative explanations. My commitment is to expose any weaknesses in the prosecution’s case and to present a compelling argument that protects your rights and your future.
Challenging the Elements of Perjury
Lack of Materiality: The prosecution must prove that the false statement was “material,” meaning it had the potential to influence the outcome of the official proceeding. If the statement, even if false, was irrelevant or inconsequential to the matter at hand, it may not meet the legal definition of perjury. We will argue that the statement had no bearing on the proceeding’s outcome.
Absence of Intent to Deceive: Perjury requires that the defendant knew the statement was false and intended to deceive. If there’s evidence that the false statement was a result of genuine mistake, confusion, faulty memory, or misunderstanding rather than deliberate deception, it can negate the element of intent. We will present evidence to show that there was no malicious intent behind your statement.
Scrutinizing the Circumstances of the Statement
Coercion or Duress: If the false statement was made under extreme pressure, threat, or duress, where the defendant genuinely feared for their safety or the safety of others, it could be argued that the statement was not made freely and voluntarily. This defense acknowledges the inherent human response to perceived danger and challenges the voluntariness of the statement.
Ambiguity of the Question or Statement: Sometimes, questions posed under oath can be ambiguous, leading to unintentional misstatements. If the question was poorly phrased, confusing, or open to multiple interpretations, and your answer, while technically inaccurate, was a reasonable response to your understanding of the question, this can be a strong defense. We will highlight any vagueness in the questioning.
Questioning the Definition of an “Official Proceeding”
Not an Official Proceeding: The statute specifies that the false statement must be made in an “official proceeding.” We will examine whether the context in which the statement was made truly meets the legal definition of an official proceeding under North Dakota law. If the setting was informal or lacked the necessary legal formalities, the perjury charge may not apply.
Lack of Oath or Equivalent Affirmation: A core element of perjury is that the statement must be made “under oath or equivalent affirmation.” We will investigate whether the proper procedures for administering an oath or affirmation were followed. If there was a technical defect in the swearing-in process, it could undermine the prosecution’s case.
Presenting an Alternative Explanation
Subsequent Correction or Retraction: If a false statement was made but then promptly and voluntarily corrected or retracted by the defendant before it materially affected the proceeding, it can demonstrate a lack of ongoing intent to deceive. While not an automatic defense, it can be a significant mitigating factor and may even negate the elements of the crime.
Misinterpretation of Facts: Sometimes, individuals genuinely misinterpret facts or situations, leading to statements that are factually incorrect but not intentionally false. We will present evidence to show that your statement, while potentially inaccurate, stemmed from a genuine misunderstanding or misinterpretation of the facts as you understood them at the time.
Your Questions About North Dakota Perjury Charges Answered
What exactly is considered an “official proceeding” for perjury charges?
An “official proceeding” in the context of North Dakota perjury law is broadly defined. It includes not only formal courtroom trials but also depositions, grand jury hearings, administrative hearings before government agencies, legislative hearings, and even certain sworn written statements like affidavits that are submitted as evidence in official matters. The key is that the statement must be made under oath or an equivalent affirmation in a legally authorized forum or context.
What does it mean for a statement to be “material” in a perjury case?
A statement is considered “material” if it has the potential to influence the outcome of the official proceeding. It doesn’t necessarily have to change the final decision, but it must be relevant to the issues at hand and capable of affecting the court’s or official body’s decision-making process. Even if the false statement ultimately did not sway the outcome, if it could have, it is generally considered material.
Can I be charged with perjury if I made a mistake or forgot something?
No, simply making a mistake or forgetting something under oath is generally not enough for a perjury charge. The law requires that the false statement be made knowingly and with the intent to deceive. If you genuinely believed your statement to be true at the time, or if the inaccuracy was due to a simple memory lapse or confusion, then you typically cannot be convicted of perjury. This is a critical distinction in perjury cases.
What if I corrected my false statement later?
Correcting a false statement can be a significant factor in your defense. While not an absolute guarantee against charges, if you promptly and voluntarily corrected your statement before it had a material effect on the proceeding, it can demonstrate a lack of ongoing intent to deceive. Prosecutors may be less likely to pursue a charge, or a judge and jury may view it more favorably, indicating a lack of the required criminal intent.
What is the difference between perjury and contempt of court?
Perjury specifically refers to intentionally making a false statement under oath. Contempt of court, on the other hand, is a broader offense that encompasses any act that obstructs the administration of justice, disrespects the authority of the court, or interferes with the orderly conduct of a judicial proceeding. While lying under oath can be a form of contempt, contempt can also include things like yelling at a judge, refusing to comply with a court order, or disrupting proceedings.
Can I be charged with perjury if I lie to the police?
Generally, lying to a police officer during an investigation, if not under oath, does not constitute perjury. Perjury specifically requires a statement made under oath or equivalent affirmation in an “official proceeding.” However, lying to the police can still lead to other charges, such as obstruction of justice or making a false report, depending on the circumstances and the nature of the lie.
What are the possible defenses against a perjury charge?
Common defenses include arguing that the statement was not material, that there was no intent to deceive (e.g., it was a mistake or misrecollection), that the statement was made under duress, or that the context was not truly an “official proceeding” or lacked a proper oath. Each case is unique, and the best defense strategy depends on the specific facts and evidence.
How does the prosecution prove intent in a perjury case?
Proving intent can be challenging for the prosecution. They often rely on circumstantial evidence, such as inconsistencies in your statements, evidence showing you had knowledge of the truth but chose to lie, or motive. They might also use witness testimony or documents to show that your statement was knowingly false.
Will a perjury conviction affect my ability to get a job or housing?
Yes, absolutely. A felony conviction for perjury will appear on your criminal record and can severely impact your ability to find employment, especially in professions requiring trust or a professional license. It can also make it difficult to secure housing, obtain loans, or even affect your eligibility for certain government benefits. The long-term consequences are significant.
Can a perjury charge be brought years after the alleged lie?
Yes, a perjury charge can be brought within the statute of limitations, which for a Class C felony in North Dakota is typically five years. This means that even if the false statement was made some time ago, the prosecution can still bring charges as long as it’s within that statutory period from the date the crime was committed.
Is it possible to get a plea bargain for a perjury charge?
While challenging, it may be possible to negotiate a plea bargain in a perjury case, especially if there are weaknesses in the prosecution’s case or mitigating circumstances. A plea bargain could involve pleading guilty to a lesser charge or receiving a reduced sentence. This is a strategic decision that would be made after a thorough analysis of the evidence and your legal options.
What should I do immediately if I am accused of perjury?
Your immediate priority should be to contact an experienced criminal defense attorney. Do not speak to law enforcement or prosecutors without legal representation. Anything you say can be used against you. Your attorney can advise you on your rights, review the accusations, and begin building a strong defense strategy to protect your interests.
Can a perjury charge be based on a written statement?
Yes, North Dakota Century Code 12.1-11-01(4) explicitly states that “false statement under oath or equivalent affirmation” includes “a writing made in accordance with chapters 31-14 and 31-15.” These chapters relate to affidavits and declarations, meaning that intentionally false statements in sworn written documents can indeed form the basis of a perjury charge.
How important is the credibility of witnesses in a perjury case?
Witness credibility is paramount in a perjury case. The prosecution’s case often hinges on showing that your statement was false, which may involve testimony from other witnesses who contradict your statement. Conversely, the defense can challenge the credibility of the prosecution’s witnesses or present witnesses who support your version of events, or who can attest to your character.
What if I was forced to make a false statement?
If you can demonstrate that you made the false statement under severe coercion or duress, meaning you were compelled to lie due to a credible threat of immediate harm to yourself or others, this could be a viable defense. This defense acknowledges that individuals may act against their will when facing imminent danger, negating the required element of intent.
Your Future Is Worth Fighting For
A perjury conviction in North Dakota carries a significant and long-lasting impact that extends far beyond the immediate legal penalties. It can cast a dark shadow over your professional life, severely limiting your career prospects. Many employers, especially those in positions of trust or requiring professional licenses, will be hesitant to hire someone with a felony conviction for a crime that fundamentally undermines honesty and integrity. This can derail your livelihood, forcing you to reconsider your chosen path and potentially impacting your ability to provide for yourself and your family for years to come.
Beyond the professional sphere, a perjury conviction can pose a serious threat to your constitutional rights and your standing in the community. Depending on the nature of the felony, you could lose your right to vote, your right to own firearms, and even face limitations on your ability to serve on a jury. Your reputation, painstakingly built over years, can be shattered in an instant, leading to social isolation and a pervasive sense of mistrust from those around you. The fundamental freedoms and societal trust that most people take for granted can be eroded, leaving you feeling marginalized and unfairly judged by a single mistake or misunderstanding.
When you are facing the immense pressure of a perjury accusation, you need an attorney who not only understands the intricacies of North Dakota law but also intimately knows the local courts and the prosecution. I have spent years building relationships and gaining insights into the strategies and approaches employed by prosecutors in Fargo. This intimate knowledge allows me to anticipate their moves, understand their priorities, and craft a defense that directly counters their arguments. My familiarity with the local legal landscape gives you a distinct advantage, ensuring your case is handled by someone who navigates these specific waters with confidence and expertise.
Your life, your reputation, and your future should not be defined by a single accusation or a moment of alleged indiscretion. Everyone deserves a vigorous defense, and every detail of your case deserves to be scrutinized and challenged. I believe that a single mistake, or even a misinterpretation of events, should not irrevocably alter the course of your life. My commitment is to fight tirelessly on your behalf, to ensure that your side of the story is heard with clarity and conviction, and to protect your future from the devastating consequences of a perjury conviction.