False swearing is a criminal charge in Wisconsin. Depending on the circumstances, it can be a felony.
False swearing is a criminal charge in Wisconsin that has a few different versions. In most circumstances, it’s a felony, but in a limited situation false swearing can be a misdemeanor offense. The main difference between perjury and false swearing involves the fact that perjury requires that lying be done to a court, magistrate, judge, administrative agency, notary public, specific officers, a grand jury, or a legislative body. False swearing involves statements that are made under oath (sometimes those oaths are required by law) but not in the above-described circumstances. It’s certainly possible to commit both perjury and false swearing at the same time.
Simply lying after taking an oath is a Class A misdemeanor. The maximum penalty for a Class A misdemeanor is $10,000.00 in fines, 9 months in jail, or both. No mandatory minimum penalty applies here, so a resolution that includes a fine, or something like probation, is legally permissible. False swearing can also be a Class H felony, which means the maximum possible penalty is 6 years prison, $10,000.00 in fines, or both. To quality as a felony, the defendant must lie while under oath, when said oath is required by law. A similar felony-level offense requires the defendant make two separate statements, when they know one is a lie. No mandatory criminal penalty attaches to either offense, but it’s important to realize that prison is a possibility in these situations.
Van Severen Law Office, S.C. represents defendants facing all sorts of crimes like this – false swearing, perjury, fraud, and other charges based on untrue statements. To speak with our criminal defense attorneys about how we can help, contact us at (414) 270-0202. We’re available 24/7 and represent defendants throughout Wisconsin.
(1)Whoever does either of the following is guilty of a Class H felony:
(a) Under oath or affirmation or upon signing a statement pursuant to s. 887.015 makes or subscribes a false statement which he or she does not believe is true, when such oath, affirmation, or statement is authorized or required by law or is required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action.
(b) Makes or subscribes 2 inconsistent statements under oath or affirmation or upon signing a statement pursuant to s. 887.015 in regard to any matter respecting which an oath, affirmation, or statement is, in each case, authorized or required by law or required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action, under circumstances which demonstrate that the witness or subscriber knew at least one of the statements to be false when made. The period of limitations within which prosecution may be commenced runs from the time of the first statement.
(2)Whoever under oath or affirmation or upon signing a statement pursuant to s. 887.015 makes or subscribes a false statement which the person does not believe is true is guilty of a Class A misdemeanor.
This might seem a bit confusing, but the basic structure is this: the defendant was under oath, the defendant lied under oath, and the defendant was required to be under oath either due to his public officer or governmental position, or because an oath is required prior to taking a specific legal action. Breaking statutes down into smaller pieces can be helpful, but so are the jury instructions, which we’ll discuss next.
Wisconsin Criminal Jury Instruction 1754 provides us the elements of the offense found in Section 946.32(1)(a) of the Wisconsin Statutes. Elements are the small parts of an offense that the government must prove beyond a reasonable doubt to sustain a conviction against the defendant. They’re helpful when trying to decipher statutory language or to understand criminal charges, and they’re what a judge reads to a jury before deliberation. They’re as follows:
Firstly, the defendant made or subscribed (case law clarifies that subscribed includes signing a written document) a false statement; and
Secondly, the defendant did not believe the statement to be true when made or subscribed; and
Thirdly, the statement was made or subscribed under oath or affirmation; and
Fourthly, the oath or affirmation was authorized or required by law, or required by any public officer or governmental agency as a prerequisite to the officer or agency taking some official action.
Let’s consider an easy, real-life example here: A business owner applies for a city building permit and signs the required affidavit swearing that all subcontractors on the project are properly licensed. The affidavit is made under oath and required by law as part of the permitting process. The business owner knows that one subcontractor has no valid license but signs anyway. Because the business owner made the false statement under a legally required oath, this conduct fits the statute.
What’s the difference in Wis. Stat. 946.32(1)(b)?
The second version of felony false swearing is similar to the first, but has a few different elements. Let’s take a look:
Firstly, the defendant made or subscribed inconsistent statements; and
Secondly, the defendant made or subscribed the statements under oath or affirmation; and
Thirdly, the oath or affirmation was authorized or required by law, or required by any public officer or governmental agency as a prerequisite to the officer or agency taking some official action; and
Fourthly, the defendant made or subscribed to the statement under circumstances which demonstrate the defendant knew at least one of the statements was false when made or subscribed.
This is very similar to the other version of felony swearing. What’s the difference? This version includes two statements, that contradict each other. One must be false. While the government still needs to prove the defendant knew one of them was false, the fact that these two statements are contradictory certainly helps them.
And finally: misdemeanor false swearing in Wisconsin
As we previously discussed, there’s a misdemeanor version of false swearing in Wisconsin. Let’s start with the elements:
Firstly, the defendant made or subscribed a false statement; and
Secondly, the defendant did not believe the statement to be true when made or subscribed; and
Thirdly, the statement was made under oath or affirmation.
You’ll notice that there’s an element missing. The misdemeanor offense does include a required oath or authorization prior to the defendant making the statement. An example will help clarify this: An employee makes a sworn personal statement to a private investigator during an internal investigation, claiming they’ve never been disciplined before. The statement is voluntarily sworn before a notary, but isn’t required by any law or government agency. The person has been disciplined before, so the original statement is not true. This is a violation of Wis. Stat. 946.32(2).
False swearing is either a Class A misdemeanor or a Class H felony in Wisconsin. A conviction for either version will change the rest of your life. Contact our criminal defense attorneys at (414) 270-0202 to discuss your case and to learn how we can help.
Have you been charged with false swearing in Wisconsin?
We understand that the difference between perjury and false swearing can be confusing. That’s one of the reasons we took the time to write this article and explain the differences between the two. Unfortunately for pro se defendants, the law doesn’t get any easier. But fortunately for you, that’s where we can help.
Van Severen Law Office, S.C. is a Milwaukee-based criminal defense law firm that helps defendants throughout Wisconsin. We frequently help defendants in white collar situations just like this, and we’d like to talk to you about your case. Contact us at (414) 270-0202 to learn how our criminal defense attorneys can help fight the serious charges you’re facing.
