What’s the Georgia criminal defense approach to perjury accusations?
The defense follows the elements in O.C.G.A. § 16-10-70(a): a lawful oath, a judicial proceeding, a false statement, knowing and willful falsity, and materiality. If any one fails, so does the charge.
Falsity. The statement must actually be false. A literally true answer, even if misleading, may not qualify, under Bronston v. United States (1973), a federal rule. The lawyer’s question should have been clearer.
Knowledge. An honest mistake or poor memory isn’t perjury. “I don’t recall” is hard to prove false unless the evidence shows the person did recall.
Materiality. The statement must relate to “the issue or point in question.” A lie about a side matter may not reach it, though courts read this broadly.
Setting. A statement outside a judicial proceeding can’t be perjury, but may be false swearing under § 16-10-71, with a lesser range.
Oath. The state must show a lawful oath, by someone authorized to give it. A transcript may show that, and its accuracy can be tested, so ask for the audio.
Two conflicting statements. Georgia requires proof of falsity through two witnesses, or one witness and corroborating circumstances, under § 24-14-8. Simply having two inconsistent sworn statements doesn’t show which is false.
Recantation. Georgia doesn’t have a general statutory safe harbor by correcting testimony, though prompt correction can help in negotiation and at sentencing.
The Fifth Amendment is the alternative. A person who fears exposure can refuse to answer, instead of answering falsely. That option requires advice before taking the stand, as a witness who begins may face questions they can’t then avoid.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.