Consequences of Perjury in Utah Criminal Court

Witness testimony can have a dramatic effect on criminal proceedings. It can be the deciding factor in determining guilt or innocence and whether a defendant will be incarcerated or set free. Nonetheless, witnesses are not infallible. While an honest mistake is one thing, intentionally lying under oath is a crime that is punished severely.

However, proving the crime of perjury requires more than just showing a witness lied under oath. Utah courts have a specific definition of perjury. Understanding the definition of perjury and the implications and potential consequences of lying under oath is important if you decide to testify in your criminal case or any other legal proceeding.

What Is Perjury?

Perjury, or lying under oath, occurs when a person makes a false statement while testifying under oath in court or another legal proceeding, knowing that the statement is untrue. Before a person testifies, they swear or affirm their testimony will be true. If a person then intentionally lies under oath, they have committed perjury.

However, the crime of perjury is more than just lying under oath. It has a specific definition and elements that the law recognizes as harmful to the administration of justice. Someone found to have committed the crime of perjury faces severe penalties.

The Utah Criminal Code defines perjury as follows:

An actor commits making a false or inconsistent material statement if the actor:

1. Makes a false material statement under oath or affirmation or swears of affirms the truth of a material statement previously made and the actor does not believe the statement to be true; or
2. Makes inconsistent material statements under oath or affirmation, both within the period of limitations, one of which is false and the actor does not believe to be true.

A violation of [this section] is a second degree felony.

How to Prove Perjury?

Someone wishing to prove perjury must establish the false statement was made knowingly and willfully and was intended to deceive.

Gather Evidence to Prove Perjury

The foundation of perjury is showing the difference between the false statement and the truth. Someone wishing to prove perjury must present evidence of what the truth actually is. This can be accomplished through documentary evidence, audio recordings, video footage, or other testimony that contradicts the false statement.

Identify Inconsistencies

Careful analysis of different statements made by a witness can be used to show they are lying. Highlighting inconsistencies, changes in testimony, or contradictions can be a powerful tool to prove perjury.

Skillful Questioning of Witnesses

By skillfully questioning a witness, an attorney can identify inconsistencies and inaccuracies in their testimony.

Establish Motive

While not a necessary element of perjury, understanding why a person might lie under oath can be a powerful tool that can provide insight into their intent and credibility and help establish why they might lie under oath.

Strategic Use of Experts

Handwriting experts, forensic experts, and experts in other fields can analyze relevant information and provide insight into whether a statement is true.

Leverage Technology

Video and voice recordings can be analyzed for signs of deception, such as changes in body language or tone of voice.

Show a Pattern of Deception

Establishing a pattern of deception can strengthen a perjury case by showing a person consistently lied under oath. This can impact the perception of the witness’s credibility by showing a consistent attempt to provide false information or manipulate the truth.

What Are the Consequences of Perjury?

The crime of perjury is a second degree felony in Utah, punishable by 1 to 15 years in jail and a $10,00 fine.

Are There Defenses to Perjury Charges?

Challenging allegations or perjury requires a comprehensive defense strategy. The two most common ways to combat allegations of perjury are to challenge whether the deception was intentional, and to show any inconsistencies were the result of a misunderstanding or an innocent mistake.

• Lack of Intent. Proving perjury requires proof the person made a false statement with the intent to deceive. Showing reasonable doubt as to whether a person intentionally or knowingly lied can be important to overcoming charges of perjury.
• Inconsistencies Were Immaterial or Due to Misunderstanding. To rise to the level of perjury, a false statement must be material. Showing false statements were not material or were caused by an innocent misunderstanding can be an effective defense against perjury charges.

Your Defense Against Perjury Charges

When a person is accused of committing a crime, determining what actually happened is a primary focus of the legal process. Witness testimony plays a key role in helping the judge and jury determine what actually happened. When someone intentionally deceives the court by providing false testimony, the consequences can be severe.

Facing perjury charges can be daunting, and you need experienced legal counsel on your side. The attorneys at Douglas D. Terry & Associates have extensive experience defending people charged with crimes throughout southern Utah. We can provide expert advice and legal guidance to help you navigate criminal charges.

Contact Douglas D. Terry & Associates Today

Perjury is a serious offense in Utah that can lead to significant legal consequences, including felony charges and prison time. Understanding what constitutes perjury, how it is proven, and the possible defenses is crucial for anyone involved in a legal proceeding. If you're facing perjury allegations or concerned about testimony, consulting an experienced criminal defense attorney is essential to protect your rights and build a strong defense. Contact our law office today to schedule a confidential appointment to discuss your situation and how we can help.