Winston-salem, NC asked in Criminal Law for Arizona

Q: Can a defendant be acquitted based on perjury of inconsistent statement.

In a criminal trial the alledged victim and witness change the original story of what happened adding on aggravating factors along with the prosecutor to get a conviction

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1 Lawyer Answer
Stewart Salwin
Stewart Salwin
  • Criminal Law Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: A witness who makes an inconsistent statement on the witness stand that goes against prior statements can and should be subject to impeachment by a defense attorney during cross-examination. The defense attorney can then argue that the witness should not be believed because they made inconsistent statements. It is then up to the jury to decide how much weight to give to the witness's testimony. If a witness lies on the stand, however, that alone is usually not a reason for an outright acquittal by the judge unless there are other factors involved. If the defendant has already been convicted at trial, then you have the possibility of appealing through either a direct appeal or a petition for post-conviction relief.

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