On This Page
WHAT IS PERJURY IN NEVADA?
Perjury is willfully making a false statement under oath in a judicial proceeding, knowing the statement to be false. It applies to testimony in court, depositions, and sworn affidavits.
WHAT THE PROSECUTION MUST PROVE
To convict you of Perjury in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant made a statement under oath
The statement was false
The defendant knew the statement was false when making it
The statement was material to the proceeding
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR PERJURY IN NEVADA
Perjury
Category D felony. 1 to 4 years in Nevada State Prison and/or up to $5,000 fine.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending perjury charges
Perjury requires willful falsity — an honest mistake or faulty memory is not perjury. The prosecution must prove you knew the statement was false when you made it.
Recanting a false statement before it substantially affects the proceeding can sometimes be a defense or mitigating factor.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO PERJURY
Every case is unique, but these are the defenses most commonly raised in perjury cases in Nevada:
Honest mistake — you believed the statement was true
The statement was not material to the proceeding
Recantation before the false testimony affected the proceeding
Insufficient evidence of knowing falsity