Perjury, or the act of lying under oath, is a serious offense in Minnesota. Committing perjury not only opens the perjurer to penalties under state law, but severely undermines the case for whomever the witness is speaking.

Apple Valley Perjury Defense Attorney in Minnesota

If you have been accused of perjury in Minnesota, contact Apple Valley criminal defense attorney James Blumberg today. Perjury offenses can be scary as they carry harsh penalties and limitations in your future endeavors.

Call (952) 431-7758 to schedule a free consultation today. James Blumberg Law works with clients throughout Dakota County, including Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount, as well as anywhere in the Twin Cities region, including Hennepin County, Ramsey County and Anoka County.

Perjury Resource Center

Definition of Perjury in Minnesota

Perjury in Minnesota is defined under Minnesota Statutes Section 609.48. The law defines perjury as the act of a person, under oath or affirmation, knowingly making a false statement regarding a material matter in any of the following contexts:

  1. Judicial Proceedings: This includes any statement made under oath in courts, depositions, affidavits, or any legal proceedings.
  2. Governmental Actions: This applies to statements made under oath in governmental proceedings or reports required by law.
  3. Official Documents: Includes false statements in any affidavit or official document that requires an oath, such as tax returns or financial disclosures.

The key elements required to prove perjury in Minnesota include:

  • The Oath: The person must have taken an oath or affirmation, swearing to tell the truth.
  • A Knowingly False Statement: The person must knowingly make a statement that is false. Accidental or mistaken statements, even if false, do not constitute perjury.
  • Materiality: The false statement must be material, meaning it must be significant enough to affect the outcome of the proceedings or the legal matter in question.

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Penalties for Perjury in Minnesota

Perjury is treated as a felony offense in Minnesota, with penalties that reflect the severity of the crime. The potential penalties for perjury under Minnesota law include:

  1. Imprisonment: A person convicted of perjury can face up to seven years in prison. The exact length of imprisonment may vary depending on the severity of the perjury and its impact on the legal proceedings.
  2. Fines: In addition to or instead of imprisonment, a person convicted of perjury may be fined up to $14,000.
  3. Probation: In some cases, the court may impose probation instead of or in addition to imprisonment and fines. Probation may come with various conditions, such as regular check-ins with a probation officer, community service, or attendance at counseling sessions.

The severity of the penalties can be influenced by various factors, including whether the perjury had a significant impact on the outcome of a trial or legal matter, whether the perjurer had a prior criminal record, and whether the perjury was part of a larger scheme to commit fraud or obstruct justice.

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Common Defenses Against Perjury Charges in Minnesota

There are several defenses that individuals charged with perjury in Minnesota might raise, and several that are unavailable per subdivision 2 of Section 609.48.

These defenses aim to challenge the prosecution’s case by undermining one or more of the essential elements of perjury. Common defenses include:

  1. Lack of Intent: One of the primary defenses against perjury is the lack of intent to lie. The defendant might argue that they did not knowingly make a false statement. For example, if the statement was made based on a genuine belief in its truthfulness, the individual may not be guilty of perjury. This defense focuses on the requirement that the false statement must be made “knowingly.”
  2. Materiality: Another defense might focus on the materiality of the statement. Even if a statement was false, if it was not material to the proceedings—that is, if it did not have the potential to influence the outcome of the case—the person may not be guilty of perjury.
  3. Recantation: Minnesota law provides an opportunity for defendants to avoid perjury charges if they recant their false statement. However, recantation is only a valid defense if it occurs during the same proceeding in which the statement was made, before the falsehood has been exposed, and before the perjury has substantially affected the proceeding.
  4. Mistake or Misunderstanding: If the defendant can prove that the false statement was the result of a misunderstanding or mistake rather than a deliberate lie, this could be a viable defense. For example, if the defendant misunderstood the question or was confused about the facts, they might avoid a perjury conviction.
  5. Duress or Coercion: In some cases, a defendant might argue that they were forced to make a false statement under duress or coercion. If the defendant can show that they were compelled to lie under threat of harm, this might serve as a defense against perjury charges.

Defenses not available to the defendant under subdivision 2 include:

  • The oath or affirmation was taken or administered in an irregular manner – this removes any loopholes for taking the oath. So long as it is understood that the witness took an oath, no matter how irregular, the witness is bound by law to truth.
  • Incompetence – If a person is not competent to stand before the law, then that must be raised prior to statement. This rule punishes witnesses for lying about competence or relevance (“I saw her do it”).
  • Materiality – Regardless of whether the you thought the statement was material or not, lying is still punishable under law if found to be ultimately material
  • Usability – Similarly, it does not matter if a statement was used during the case. Any statement given, used or not, that may affect the proceeding of legal matters, is subject to the state’s perjury laws, even if inadmissible under law.

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The Impact of Perjury on Judicial Proceedings

Perjury can have serious consequences for judicial proceedings in Minnesota. False testimony can lead to wrongful convictions, the dismissal of legitimate claims, or the obstruction of justice. As a result, Minnesota courts take perjury allegations very seriously. Convictions usually have a lasting impact on a defendant’s life.

In civil cases, perjury can lead to sanctions, including the dismissal of claims or counterclaims, and may influence the court’s rulings on issues such as credibility. In criminal cases, perjury can lead to additional charges, harsher sentences, and a loss of trust in the legal system.

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Additional Resources

Guide to Testifying – Dakota County offers a simple guide to testifying in criminal court, including what to do when you receive a subpoena, how to prepare for trial, and how to testify. The guide includes advice such as obeying court rules, only answering the question asked, don’t memorize what you are going to say, and so on. Washington County, MA, offers another such guide.

Rules of Evidence – The Minnesota Rules of Evidence is a helpful guide for witnesses to understand what might be expected of them in court.

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Hire a Perjury Defense Attorney in Apple Valley, Minnesota

Perjury is a serious offense that can result in heavy fines, imprisonment and difficulty in any future legal endeavors. If you have been accused, or threatened, with perjury, you need to secure legal representation immediately. Whether you have been accused of deliberately lying at trial or lying on government papers, the state will move quickly.

Contact Apple Valley white collar crime lawyer James Blumberg to have an experienced and dedicated attorney fighting for your rights. James Blumberg Law offers free initial consultations to help prospective clients.
Call (952) 431-7758 today to set up a consultation.

James Blumberg Law is based in Dakota County, but accepts clients in surrounding counties including Rice County, Sibley County, Scott County, Dodge County, Carver County, Steele County, and Olmsted County.

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