Perjury is committed when an individual lies under oath. It’s a felony in Wisconsin.
Perjury refers to lying under oath. As criminal defense attorneys we regularly observe the kind of conduct that usually leads to these criminal charges. Whether it’s during motion hearings,jury trials, or any other important hearing, witnesses in the criminal justice system regularly lie. Sometimes, especially when they’re hostile witnesses to the government, these lies will result in criminal charges. While we regularly encounter lying police officers and other government actors in court, we’ve rarely seen these individuals charged for their decisions.
Perjury is a Class H felony. This means the maximum possible penalty for this criminal charge is 6 years in prison, $10,000.00 in fines, or both. This sentence breaks down into 3 years initial confinement (actual time locked up) and 3 years extended supervision (similar to probation). No mandatory or presumptive minimum penalties apply here, meaning that jail and prison are not required or automatic penalties.
While you’re certainly free to defend yourself when facing criminal charges, we’ve seen this strategy end in disaster. At Van Severen Law Office, S.C., we only defend individuals facing criminal and drunk driving charges. That allows us to dedicate 100% of our focus on criminal law and achieving positive results for our clients. We’re in court nearly every day defending the rights of Wisconsinites, protecting the constitution, and holding the government accountable. If you’re facing criminal charges for perjury, contact us at (414) 270-0202 and let’s figure out how we can help. We don’t charge potential clients for consultations.
Section 946.31 of the Wisconsin Statutes – Perjury
Wis. Stat. 946.31 defines perjury. The language of the law is as follows:
(1) Whoever under oath or affirmation orally makes a false material statement which the person does not believe to be true, in any matter, cause, action or proceeding, before any of the following, whether legally constituted or exercising powers as if legally constituted, is guilty of a Class H felony:
(a)A court;
(b) A magistrate;
(c) A judge, referee or court commissioner;
(d)An administrative agency or arbitrator authorized by statute to determine issues of fact;
(e) A notary public while taking testimony for use in an action or proceeding pending in court;
(f)An officer authorized to conduct inquests of the dead;
(g) A grand jury;
(h) A legislative body or committee.
(2) It is not a defense to a prosecution under this section that the perjured testimony was corrected or retracted.
What isn’t on this list? Police officers. While lying to the cops will can lead to other criminal charges, perjury is not one of them. You’ll notice that it’s required that the defendant took an oath or affirmation prior to the false statement. Police officers in the field don’t (because they can’t) swear in witnesses. Perjury is limited to situations involving courts, magistrates, judges, and the rest of the individuals listed in the statute.
You’ll also notice the statute includes the language “any matter, cause, action or proceeding.” Although we listed pre-trial motion hearing and jury trials in the introduction to this page, the law includes literally all possible court appearances. The only requirement is that the defendant took an oath or affirmation prior to making the false statement.
Finally, it’s important to point out that subsequently correcting a false statement is not a defense to this charge. Going back and admitting to your decision to lie will not result in the dismissal of charges. Do not let police trick you into apologizing or retracting your statement during an interrogation.
Although the statute provided us the legal definition of this crime, it might look a little confusing. In Wisconsin (and many other states), we have “jury instructions” that help break down crimes into smaller, easier to understand parts. These parts are called elements, and in order to sustain a conviction against a defendant, prosecutors must prove each of these elements beyond a reasonable doubt.
The elements of perjury are as follows:
Firstly, the defendant orally made a statement while under oath or affirmation.
Secondly, the statement was false when made.
Thirdly, the defendant did not believe the statement to be true when made.
Fourthly, the defendant made the statement in a proceeding before a court. (“Court” can be replaced with the appropriate authority on the list.)
And finally, the statement was material to the proceeding. A material statement is one that tends to prove or disprove any fact that is of consequence to the determination of the proceeding in which the statement was made.
Importantly, perjury only occurs when the defendant makes an oral statement. Written statements do not qualify as perjury. That being said, attempting to provide a false written statement in order to avoid a perjury charge is a bad idea.
Taking an oath or affirmation is a prerequisite to giving a sworn statement. If that statement is a lie, a criminal charge for perjury could be the result. Van Severen Law Office, S.C. is a Milwaukee criminal defense law firm that represents defendants in Wisconsin criminal cases.
Contact Van Severen Law Office, S.C. to speak with a Milwaukee criminal defense attorney regarding your charges.
Perjury cases can be tough to win, but that’s one of the reasons we think hiring a top criminal defense attorney makes the most sense. Statements made in court are often audio recorded and transcribed, meaning that backing out of the statement can be incredibly difficult. When facing a perjury charge, we often have to find a different way to attack the government’s case. Sometimes this focuses on whether the defendant actually believed the statement to be false. Frequently we discuss defense strategy during our new client consultations.
At Van Severen Law Office, S.C., we’re known as creative, intelligent, aggressive criminal defense lawyers. We’ve won many cases that other criminal defense attorneys thought were too difficult or impossible. This applies to charges ranging from simple misdemeanors to the most serious felony cases in the state. Of course, this includes perjury charges.
Contact Van Severen Law Office, S.C. at (414) 270-0202. Let’s discuss your criminal charges and figure out how our firm can help you. Consultations, whether on the telephone or in person, are free for prospective clients.
