It鈥檚 almost Friday! That should put everyone is a great mood. I know it puts me in a great mood. But, I should lie, for me every day is a great day when I get to talk immigration law. Today鈥檚 topic is Perjury and False Swearing.
A person commits perjury by making either:
- A false sworn statement in regard to a material issue, believing it to be false.
- A false unsworn declaration, certificate, verification or statement in regard to a material issue that the person subscribes as true under penalty of perjury, believing it to be false. Perjury is a class 4 felony.
Perjury contains a materiality element which renders it a crime of moral turpitude. If a sentence of a year or more is imposed it will also be considered an aggravated felony.
So what can be done? One route is to try and plead to false swearing which carries lighter immigration consequences. Or at the very least to try at all costs to avoid a sentence of a year or longer.
False swearing is codified in ARS 搂 13-2703 and is violated when a person commits false swearing by making a false sworn statement, believing it to be false.
The reason that false swearing may be a valuable plea is that false swearing should not be found to be a CMT because it does not involve materiality, or necessarily a fraudulent intent like that of Perjury. And that is the same reason that false swearing should never become an aggravated felony despite the sentence incurred.
When faced with perjury remember that you may have some options and it would be wise to consult with an experienced attorney.
If you are accused of perjury and you have immigration issues please do not hesitate to contact the Phoenix immigration lawyers at聽Ariano & Reppucci, PLLC who can both assist your criminal attorney and you minimize any immigration consequences from your criminal convictions. To set up an appointment call 602-515-0841.
