Consequences of Perjury in Michigan

Before testifying in court, a witness must raise their right hand and take an oath or affirmation to tell the truth, the whole truth, and nothing but the truth. The witness is then seated in an elevated chair near the judge, where they can be seen and heard by all.

These rituals exist to impress upon the participants and everyone watching the seriousness of legal proceedings. When someone makes a false statement under oath, it undermines the credibility of the legal proceedings and could lead to a wrongful conviction or a miscarriage of justice. However, accusations of perjury can come about as retaliation for failing to testify the way someone else expected. Courts must balance the interests of seeing justice done, not deterring witnesses from stepping forward to testify, and preserving the integrity of the judicial system.

Understanding Perjury Charges in Michigan

Perjury is the crime of making a false statement under oath. To prove perjury, the prosecution must establish the following elements, beyond a reasonable doubt:

• The defendant was legally required to take an oath in a legal proceeding.
• The defendant took that oath.
• The defendant made a false statement while under oath.
• The defendant knew the statement was false when they made it.

Penalties for Perjury

Perjury is a felony in Michigan. The penalties depend on the context in which the false statement was made.

Perjury in Court

An individual accused of making a false statement in court faces the following penalties:

• Perjury in a capital case (i.e., one involving a crime punishable by life in prison) is punishable by life in prison.
• In all other court proceedings, perjury is punishable by up to 15 years in prison.

Perjury by False Statement

False statements made in an affidavit, during a deposition, or in a signed record given under penalty of perjury are punishable by 15 years in prison.

Subornation of Perjury

Someone accused of “procuring another person to commit the crime of perjury” faces up to 5 years in prison.

Defending Against Charges of Perjury

Allegations of perjury are serious, but defenses may be available.

Statement Was Not False

Even if a statement was misleading, it is not perjury if it was not false.

False Statement Was Not Made Knowingly

Perjury requires that the individual who made the statement knew it was false at the time the statement was made. An individual who did not know a statement was false when it was made, or who was mistaken about the facts, lacked the intent required to commit perjury.

Statement Not Made Under Oath or Affirmation

An individual must be under oath or affirmation to commit perjury. An individual who was not placed under oath or affirmation before making a false statement did not commit perjury.

False Statement Was Recanted at the Same Proceeding

An individual who made a false statement, then acknowledged the mistake and corrected it during the same proceeding and before it caused harm, can claim recantation as a defense.

What To Do If You Were Charged with Perjury

Michigan judges take perjury seriously because it undermines the integrity of the legal system. If you were charged with perjury, you must treat the matter seriously and should contact a criminal defense attorney immediately. You should also exercise your right to remain silent.

Elmen Legal can investigate the allegations of perjury, identify evidence to impeach witnesses, develop potential defenses, and work to negotiate a favorable resolution or dismissal of the case.

Contact a Perjury Defense Lawyer at Elmen Legal Today

Elmen Legal represents defendants in criminal matters throughout Michigan. To learn more, call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how defense attorney Robert Elmen can assist you.