One of the most common reasons why someone is granted post-conviction relief is perjury during court proceedings. In this blog, Harwell Gray Legal Counsel LLC explains what perjury is, the penalties for this offense, and how it can impact a post-conviction appeal.
Defining Perjury
Perjury occurs when someone, under oath, knowingly makes false statements. For example, if a witness testifies and provides information that they know is untrue. This is an especially serious offense because it is committed within the justice system, where the point is to determine the true facts of a case. In some cases, the inaccurate information that the perjurer provides can lead to someone being convicted of a criminal offense. It goes without saying that this is incredibly serious.
If you have grounds to believe that your loved one was convicted due to perjury in their case, contact Harwell Gray Legal Counsel LLC today.
The Penalties for Perjury
Perjury is a criminal offense in and of itself. If someone is found to have committed perjury, they may be subject to criminal and civil penalties.
Depending on the severity of the perjury, the perjurer faces:
- Up to two and a half years in prison
- A fine of up to $10,000
Civil penalties may result in additional payments made to the victim who suffered negative consequences due to the perjurer’s actions.
Perjury and Post-Conviction Relief
If you believe that perjury affected the outcome of your or a loved one’s criminal case, you can bring this issue to court during a post-conviction relief case. During this case, the defendant can present evidence to prove that perjury occurred and led to their conviction. If the court sees that the perjury directly impacted the conviction, they may motion to correct the sentence, ultimately benefiting the defendant.
These cases are complex and even less common than appeals. If you wish to move forward with a post-conviction relief case, you need the help of an experienced attorney.
Legal Assistance for Indiana Post-Conviction Relief
Contact Harwell Gray Legal Counsel LLC for the guidance you need to succeed in a post-conviction relief case. Our appeals team is experienced in handling these complicated cases, and we can help ensure you are taking the best course of action. Call us at 317-344-9085 for competent and committed legal representation.