Perjury and False Statements

Perjury and False Statements: An Overview

Perjury and False Statements are related crimes involving dishonesty, but they are distinct in their elements and contexts. Both are serious federal offenses that require a skilled defense. The focus of federal criminal defense lawyer Nate Crowley is to scrutinize the evidence, challenging intent, and highlighting ambiguities in the alleged falsehoods. Defending against these charges demands meticulous analysis to safeguard constitutional rights and ensure a fair legal process.

1. Perjury

Perjury occurs when a person knowingly makes a false statement under oath about a material matter.

Key Elements:

1. Oath: The false statement must be made under oath, either orally (e.g., in court) or in writing (e.g., affidavits).
2. Knowingly and Willfully: The person must know the statement is false at the time it is made.
3. Materiality: The false statement must concern a material matter, i.e., one capable of influencing the outcome of the proceeding or issue at hand.

Examples:

1. Lying while testifying in court.
2. Providing false information on a sworn affidavit.

Penalties (Under Federal Law – 18 U.S.C. § 1621):

• Up to 5 years imprisonment and/or fines.
• Similar state laws vary in their penalties.

2. False Statements

The crime of false statements occurs when a person knowingly and willfully makes a materially false, fictitious, or fraudulent statement or representation to the government or its agents.

Key Elements:

1. Intent: The statement must be made knowingly and willfully.
2. Materiality: The falsehood must be about a matter capable of influencing government actions.
3. Context: It applies outside of sworn testimony, such as during investigations, audits, or compliance processes.

Examples:

• Providing false information on a government form.
• Lying to a federal agent during an investigation.

Penalties (Under Federal Law – 18 U.S.C. § 1001):

• Up to 5 years imprisonment and/or fines.
• If the false statement involves terrorism, penalties increase to 8 years imprisonment.

Key Differences Between Perjury and False Statements

Here are some of the main differences between perjury and false statements –

• Oath Requirement – Perjury occurs under oath, whereas no oath is required to declare false statements
• Context – Perjury is charged during official proceedings and false statements are broader and may apply to statements made to government agents
• Materiality – Perjury is central to a case, but false statements are material to government action

From a defense lawyer’s perspective, perjury and false statement cases often hinge on challenging the prosecution’s ability to prove the key elements of the crime beyond a reasonable doubt. For perjury, the defense may argue that the statement was not material, the defendant lacked intent, or there was confusion or misunderstanding rather than deliberate falsehood.

In false statement cases, a defense lawyer might focus on demonstrating the absence of willful intent, showing that the statement was immaterial, or arguing that the statement was not made in a legally prohibited context. Strategic defenses often emphasize ambiguities in evidence, reliance on good faith, or procedural errors in how the charges were brought. The ultimate goal is to protect the defendant’s constitutional rights and ensure that any punishment is proportionate and fair under the law.

Perjury and False Statements California Law

In California, both perjury and false statements are criminal offenses, governed by distinct statutes in the California Penal Code. Below is an overview of each offense as it applies under state law:

1. Perjury (California Penal Code § 118)

Perjury occurs when a person, under oath, willfully states as true something they know to be false. This applies in contexts such as court proceedings, affidavits, or any other situation where an oath is legally required.

Key Elements:

1. Oath: The statement must be made under oath.
2. Willfulness: The individual must knowingly make the false statement.
3. Materiality: The false statement must concern a material matter that could influence the proceeding or matter.

Examples:

• Lying in testimony during a trial.
• Signing a sworn affidavit with knowingly false information.

Penalties:

• Felony offense.
• Punishable by 2, 3, or 4 years in state prison.
• Additional fines or penalties may apply.

Defenses:

• The statement was not material.
• The person did not know the statement was false.
• The statement was not made under oath.

2. False Statements

California law has several provisions addressing false statements in specific contexts, including false reporting to authorities and fraudulent representations.

False Statements to Public Officials:

Under California Penal Code § 148.5, it is illegal to knowingly make a false report of a crime to law enforcement.

• Example: Falsely reporting a robbery that did not occur.
• Penalty: Misdemeanor offense
• Punishable by up to 6 months in county jail and/or a fine of up to $1,000.

False Financial or Official Statements:

Under California Penal Code § 115, it is a felony to knowingly file or submit false documents in public offices, such as deeds or official records.

• Example: Filing a fraudulent property deed.
• Penalty: Felony offense.
• Punishable by 2, 3, or 4 years in state prison.

False Statements in Other Contexts:

• California Business and Professions Code: Includes provisions for false advertising and misrepresentation in professional settings.
• California Elections Code: Penalizes false statements in election-related declarations or petitions.

Comparison of Perjury and False Statements in California

There are some differences between federal and state law when in comes to perjury and false statements in California.

• When perjury is charged under Perjury (PC § 118), an oath is required, but depending on the relevant California statute false an oath is not always required to prosecute a false statement.
• Perjury is charged within the context of the court, affadavits and during legal proceedings, whereas false statements are applied to reports to authorities, public documents and other contexts.
• Sentences in California for perjury in California aer 2-4 years imprisonment and false statements are given up to four years for felonies; up to six months for misdemeanors.

From a defense lawyer’s perspective, perjury and false statement cases often hinge on challenging the prosecution’s ability to prove the key elements of the crime beyond a reasonable doubt. For perjury, the defense may argue that the statement was not material, the defendant lacked intent, or there was confusion or misunderstanding rather than deliberate falsehood.

In false statement cases, a defense lawyer might focus on demonstrating the absence of willful intent, showing that the statement was immaterial, or arguing that the statement was not made in a legally prohibited context.

Strategic defenses often emphasize ambiguities in evidence, reliance on good faith, or procedural errors in how the charges were brought. The ultimate goa of federal criminal defense lawyer Nate Crowley is to protect the defendant’s constitutional rights and ensure that any punishment is proportionate and fair under the law.

Charged With Perjury or False Statements ? Consult Federal Criminal Defense Attorney Nate Crowley.

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