Legal Question in Criminal Law in Virginia

Re: Perjury

You asked for the worst case scenario, so here it is. Virginia law punishes perjury rather severely. The criminal code provides: � 18.2-434. What deemed perjury; punishment and penalty.

If any person to whom an oath is lawfully administered on any occasion willfully swear falsely on such occasion touching any material matter or thing, or if a person falsely make oath that any other person is eighteen years of age in order to obtain a marriage license for such other person, he shall be guilty of perjury, punishable as a Class 5 felony. Upon the conviction of any person for perjury, such person thereby shall be adjudged forever incapable of holding any office of honor, profit or trust under the Constitution of Virginia, or of serving as a juror.

The punishment for a Class 5 felony is a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

In short, you would be very foolish to give false testimony in court.

If you have already given false testimony in court, you should consult a lawyer, who can help you minimize any possible consequences. Do not wait until the case goes to court; do it now.

Re: Perjury

You most likely should have an agreement from the

prosecutor that in exchange for your truthful

and nonperjured testimony in this case that you will receive immunity from prosecution for perjury and, possibly, obstruction of justice.

You may need the services of local counsel to negotiate such an agreement.