Even Simple Lies Can Add Up to Perjury
Our legal system depends on the truth. When we give testimony in court or in other more informal proceedings, we are often sworn to tell the truth and disregarding the truth in these circumstances can lead to serious consequences. When we lie under oath, we commit perjury in Oklahoma.
What is Perjury in Oklahoma?
In Oklahoma, perjury is defined as making a statement under oath, affirmation or other legally binding assertion, that you know or do not believe to be true, in order to avoid or obstruct the truth. Okla. Stat. tit. 21 § 491
We all know that we are sworn to tell the truth in a trial or other court proceeding before we give testimony. But we are also sworn to tell the truth in a deposition. The testimony given in a deposition has the same force and effect as testimony given in a courtroom.
We are also sworn to tell the truth when we declare facts in a declaration or affidavit. These documents are made under the penalty of perjury and also have the same force and effect as sworn testimony given in a court. Thus, our testimony and our perjury can be oral or written.
Elements of the Crime
In order to secure a conviction, a prosecutor must prove every element of a crime beyond a reasonable doubt. The elements of perjury are:
- making or subscribing
- a statement
- known or believed to be untrue, or made with the intent to obstruct truth
- under oath, affirmation, or legally binding assertion; and
- authorized or required by law in a trial, hearing, investigation, deposition, certification, or declaration.
OUJI-CR 3-18
Perjury can be subtle or overt. The more overt sort are the big lies. We are asked if we were home on a given day and time and we respond in the affirmative, even though we know that we were not.
But perjury can also occur when a person gives contradictory statements under oath in one or more trials, hearings, investigations, depositions, certifications or declarations. Okla. Stat. tit. 21 § 496
If in a deposition you respond that you have no knowledge of whether you have ever seen a particular knife, but later respond in a trial that you made that particular knife, those are contradictory statements. Thus, you may have just committed perjury if you knew the statements to be untrue and made them to hide the truth.
Defenses to Perjury
There are defenses available to you if you are facing perjury charges.
Truth is always a defense. If the statement is true, there is no perjury.
Because there are differences between facts and opinions, only facts are subjected to possible perjury. Some opinions are protected. In order for an opinion to be protected, you must have answered the question from your own knowledge or according to an opinion that you actually hold.
The legalities of statements made in this area can be somewhat difficult to understand, but the basis lies in truth. For example, if you are asked if popcorn tastes good, and you answer “yes,” you could actually perjure yourself if in fact you find that popcorn tastes terrible to you. Courts like the truth, even when it is about an opinion that you hold.
In order to be perjury, your statement must either be known or believed by you to be untrue when made or you made the statement with to avoid or obstruct the intent the determination of the truth. Thus, if you respond to a question in error or confusion and made a false statement as a result, there is no perjury.
Penalties for Perjury
Penalties depend on the kind of proceeding in which the perjury is made. When committed in a trial, it is punishable by 2 to 20 years in prison.
If the perjury is committed in any other trial proceeding, you could be sentenced from 1 to 10 years in prison.
In all other cases, you could face up to five years in prison. Okla. Stat. tit. 21 § 500
Any time spent in prison is long. If you are being charged or investigated for perjury, it is crucial that you hire an experienced Stillwater criminal defense lawyer to help protect your freedom.
Initial Strategy Session with a Stillwater OK Attorney
Wirth Law Office – Stillwater is here to help you when you need it the most.
We offer a initial consultation with an experienced Stillwater OK attorney to help you defend your legal rights. Don’t try to handle your legal matter by yourself.
Call 405-673-1600 for a initial low-cost consultation or submit a question through this website.
