Perjury Defense Attorney Duluth

Fighting a Perjury Accusation in St. Louis County with a Dedicated Defense Attorney

The moment you realize you’re accused of Perjury, a fundamental pillar of your life—your integrity, your word—feels like it’s crumbling. For someone in Duluth, or any of the close-knit communities of St. Louis County like Two Harbors or Proctor, where reputation is everything, this isn’t just a legal challenge; it’s a direct assault on your honesty and credibility. You might have been under immense pressure, misunderstood a question, or simply misremembered a detail, but now the state is alleging you intentionally lied under oath, striking at the very heart of the justice system. The immediate fears are overwhelming: the looming threat of prison, the devastating damage to your standing in a town where trust is paramount, and the agonizing worry about how this impacts your job, your family, and their future. You are suddenly facing the immense power of the state, and you desperately need a clear path forward forged by strength, strategy, and an unwavering commitment to your defense.

This feels like an inescapable trap, a terrifying dead end that signifies the end of your normal life. But I am here to tell you, with absolute conviction, that an accusation is not a conviction. It is the challenging beginning of a fight, a battle that can be won with the right advocate by your side. The state, with its vast resources and singular focus on securing a conviction, will paint your actions in the harshest possible light, eager to uphold the sanctity of sworn testimony. They are not interested in your true intentions, the context of the situation, or the mitigating factors that led to this charge. Their goal is to prove guilt, unequivocally. This is precisely why you cannot face this battle alone. A criminal charge involving perjury can feel isolating and overwhelmingly complex. You need a fierce advocate, someone who sees this charge not as an insurmountable barrier but as a strategic challenge. My role is to be that advocate, to stand between you and the state, and to forge a path forward built on aggressive defense and strategic action to protect your freedom and your future.

The Stakes: What a Conviction Truly Costs

Your Permanent Criminal Record

A conviction for Perjury under Minnesota Statute 609.48, regardless of the specific circumstances, will leave a permanent and deeply damaging mark on your criminal record. This isn’t a temporary blemish; it’s an enduring stain that follows you throughout your life. Imagine trying to secure new employment in Duluth, apply for housing in Cloquet, or pursue educational opportunities in Bemidji. Every background check will reveal this conviction, immediately raising red flags about your trustworthiness, your honesty, and your overall reliability. Perjury, in particular, strikes at the core of a person’s integrity, making it especially difficult to overcome in professional and personal settings. Even years after the incident, this record can derail career aspirations, close doors to future opportunities, and make it significantly harder to move forward with your life. It impacts not only your professional standing but also your personal reputation and overall sense of security within your community, making the simple act of rebuilding a challenge in itself.

Loss of Second Amendment Rights

For many individuals across Northern Minnesota, from the serene landscapes around Two Harbors to the rugged terrains near Proctor, the right to own firearms is a deeply cherished constitutional privilege, essential for hunting, sport, and personal protection. A felony conviction, which Perjury often is, will lead to the permanent loss of your Second Amendment rights. This means you will be legally prohibited from possessing firearms, hunting, or participating in shooting sports. The implications extend far beyond mere ownership; it can affect your ability to enjoy traditions with family, pursue hobbies, and even feel secure in your own home. This loss represents a significant infringement on a fundamental freedom and can be a profound personal blow, altering your lifestyle and sense of security, and disconnecting you from activities deeply ingrained in the culture of Northern Minnesota.

Barriers to Employment and Housing

In the close-knit communities throughout St. Louis County, your reputation is paramount. A criminal conviction for Perjury can erect significant and often insurmountable barriers to both employment and housing. Employers are almost universally hesitant to hire individuals with criminal records, and a conviction involving a lie under oath is particularly damning. It signals a profound lack of trustworthiness, which can effectively shut down opportunities in virtually any field. This can severely limit your job prospects, forcing you into less desirable work or even prolonged unemployment, making it challenging to provide for yourself and your family. Similarly, landlords frequently conduct thorough background checks, and a conviction of this nature can make it exceedingly difficult to find stable and desirable housing, potentially leading to instability and hardship. The economic and social fallout can be immense, making it incredibly challenging to rebuild your life and secure a stable future for yourself and your family after such a charge.

Impact on Professional Licenses and Reputation

For those who hold professional licenses in Minnesota, a conviction for Perjury can have direct and devastating consequences. Many professions, particularly those requiring a high degree of public trust, ethical conduct, or adherence to strict regulations (e.g., law, healthcare, finance, education), have licensing boards that will almost certainly suspend, revoke, or deny licenses upon a criminal conviction for perjury. This means the career you’ve invested years in building could be stripped away in an instant, leaving you unable to practice your chosen profession. Beyond the legal and licensing repercussions, the damage to your reputation within your professional community and the broader public in places like Duluth or Bemidji can be irreparable. The trust you’ve painstakingly cultivated with clients, colleagues, and the public can be shattered, leading to professional isolation and a sense of public shame that is incredibly difficult to overcome. This conviction doesn’t just affect your legal status; it strikes at the core of your professional identity and standing, making it incredibly difficult to ever regain trust.

The Accusation: Understanding the State’s Case

What Does the State Allege? Perjury Explained in Plain English

When the state alleges Perjury under Minnesota Statute 609.48, they are claiming that you made a false statement, under oath or affirmation, that you knew was not true, and that this false statement was “material” to the legal proceeding or document in question. This isn’t about making a simple mistake or forgetting a detail; it’s about deliberately lying when you are legally obligated to tell the truth. For instance, if you testify in a St. Louis County courtroom in Duluth and knowingly give false information, or if you sign a legal document under penalty of perjury in Cloquet and intentionally include untrue statements, you could face this charge.

The “material” aspect of the statement is crucial. It means the false statement must have the potential to influence the outcome of the proceeding or matter it relates to, even if it ultimately didn’t. The state views perjury as a direct attack on the integrity of the justice system itself, as it undermines the reliability of sworn testimony and official documents. Therefore, these charges are pursued with serious intent, as they aim to uphold the very foundation of truth-seeking within legal processes.

The Law on the Books: Minnesota Statute 609.48

Minnesota Statute 609.48 broadly defines perjury, making it a crime to make a false material statement under oath or affirmation, not believing it to be true, in various legal contexts. The statute aims to preserve the integrity of judicial proceedings and official documents by ensuring the veracity of sworn testimony and declarations.

609.48 PERJURY.

Subdivision 1.Acts constituting.	Whoever makes a false material statement not believing it to be true in any of the following cases is guilty of perjury and may be sentenced as provided in subdivision 4:
	(1) in or for an action, hearing or proceeding of any kind in which the statement is required or authorized by law to be made under oath or affirmation;
	(2) in any writing which is required or authorized by law to be under oath or affirmation;
	(3) in any writing made according to section 358.115;
	(4) in any writing made according to section 358.116; or
	(5) in any other case in which the penalties for perjury are imposed by law and no specific sentence is otherwise provided.
Subd. 2.Defenses not available.	It is not a defense to a violation of this section that:
	(1) the oath or affirmation was taken or administered in an irregular manner; or
	(2) the declarant was not competent to give the statement; or
	(3) the declarant did not know that the statement was material or believed it to be immaterial; or
	(4) the statement was not used or, if used, did not affect the proceeding for which it was made; or
	(5) the statement was inadmissible under the law of evidence.
Subd. 3.Inconsistent statements.	When the declarant has made two inconsistent statements under such circumstances that one or the other must be false and not believed by the declarant when made, it shall be sufficient for conviction under this section to charge and the jury to find that, without determining which, one or the other of such statements was false and not believed by the declarant. The period of limitations for prosecution under this subdivision runs from the first such statement.
Subd. 4.Sentence.	Whoever violates this section may be sentenced as follows:
	(1) if the false statement was made upon the trial of a felony charge, or upon an application for an explosives license or use permit, to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both; or
	(2) in all other cases, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Subd. 5.Venue.	A violation of subdivision 1, clause (4), may be prosecuted in the county where the statement, under penalty of perjury, was signed, or the county of the district court in which the statement was filed.
History: 1963 c 753 art 1 s 609.48; 1971 c 845 s 16; 1984 c 628 art 3 s 11; 1986 c 444; 1989 c 290 art 6 s 18; 2010 c 295 s 2; 2014 c 204 s 9; 2017 c 95 art 2 s 15

The Prosecution’s Burden: Elements of Perjury

In the crucible of a criminal defense, the burden of proof rests squarely and entirely on the prosecution. You are presumed innocent, and it is their unwavering responsibility to prove, beyond a reasonable doubt, every single element of the crime they allege against you. If the state falters in providing compelling, irrefutable evidence for even one of these critical elements, their entire case unravels, and you cannot be lawfully convicted. This is the fundamental bedrock of our justice system and the very foundation upon which I build every defense. My mission is to meticulously scrutinize the state’s claims, their evidence, and their procedures, identifying and exploiting every weakness to ensure they meet their formidable burden. They may have an accusation, but I will make sure they prove it, or fail trying.

Makes a False Statement: The prosecution must prove that you actually made a statement that was, in reality, false. This requires objective proof that the statement made was factually incorrect. This could involve comparing your statement to other documented evidence, witness testimony, or established facts. The state cannot simply allege falsity; they must prove it definitively.
Statement is Material: A critical element is that the false statement must be “material.” This means the statement must have the potential to influence the outcome or course of the legal action, hearing, proceeding, or document it relates to. Even if the statement ultimately did not affect the outcome, if it could have or was relevant to the inquiry, it is considered material. This is often an area for contention, as what constitutes “materiality” can be subject to interpretation.
Not Believing It to Be True: This is the crucial mental state element for perjury. The prosecution must prove that when you made the false statement, you did not believe it to be true. This means you had actual knowledge of its falsity. It’s not enough that the statement was false; you must have known it was false at the time you uttered it or wrote it. An honest mistake, a genuine lapse in memory, or a misunderstanding would negate this element. Proving what was in your mind can be challenging for the state.
Made Under Oath or Affirmation, or as Otherwise Required by Law: The statement must have been made in a context where you were legally obligated to tell the truth. This includes sworn testimony in court, depositions, affidavits, or other writings specifically “required or authorized by law to be under oath or affirmation.” The state must demonstrate the formal legal setting and obligation under which the statement was made.
Context of the Statement: The prosecution must prove the statement was made in one of the specific contexts outlined in subdivision 1: in or for an action, hearing, or proceeding; in a writing required to be under oath; or in writings made according to sections 358.115 or 358.116, or other cases where penalties for perjury are imposed by law. This connects your alleged false statement directly to the legal framework of perjury.

The Potential Outcome: Penalties for a Perjury Conviction

A conviction for Perjury under Minnesota Statute 609.48 is always a felony in Minnesota and carries extremely severe penalties. The justice system views perjury as a direct assault on its integrity, as it undermines the very foundation of truth upon which legal proceedings rely. The sentencing depends on the context in which the false statement was made, reflecting the gravity of lying in critical legal situations. These penalties can lead to significant prison time, substantial fines, and a complete disruption of your life in Northern Minnesota.

The specific statutory penalties for a Perjury conviction are as follows:

If the false statement was made upon the trial of a felony charge, or upon an application for an explosives license or use permit (Subdivision 4, Clause 1):
- Imprisonment for not more than seven years.
- A fine of not more than $14,000.
- Or both imprisonment and a fine. This is the most severe tier, reflecting the high stakes involved when a false statement could impact the outcome of a serious criminal case or the handling of dangerous materials. A conviction at this level often leads to a long period of incarceration.
In all other cases (Subdivision 4, Clause 2):
- Imprisonment for not more than five years.
- A fine of not more than $10,000.
- Or both imprisonment and a fine. This applies to all other instances of perjury, such as false statements in civil proceedings, depositions, affidavits, or other legally required sworn documents, where the false statement wasn’t made during a felony trial or explosives application. While slightly less severe than the first tier, this is still a substantial felony conviction with significant prison exposure.

Beyond these statutory penalties, a felony conviction for perjury will result in severe collateral consequences that will follow you for the rest of your life. This includes the permanent loss of certain civil rights (such as the right to vote and possess firearms), significant barriers to employment and housing, and the potential revocation of professional licenses. The damage to your reputation, particularly in close-knit communities like Duluth, St. Louis County, Two Harbors, Proctor, Cloquet, or Bemidji, will be profound and long-lasting, marking you as someone who cannot be trusted with the truth.

The Battle Plan: Building Your Strategic Defense

An Accusation is Not a Conviction: The Fight Starts Now

The weight of an accusation for Perjury can feel utterly crushing, a direct assault on your integrity and your standing in the community. It’s designed to make you feel powerless, as if the legal system is an unstoppable, unforgiving force. But I am here to tell you, with absolute clarity, that an accusation is not a conviction. It is merely the opening salvo in a legal battle, and the fight for your freedom, your reputation, and your future begins the very moment you learn of this charge. This is not a time for passive acceptance or quiet despair; it is a time for aggressive, strategic counter-offensive. The state may have its narrative, its evidence, and its vast legal resources, but they do not have the final word on your fate.

Your defense will not be a mere reaction to the prosecution’s maneuvers. It will be a proactive, meticulously planned counter-strategy, designed to expose every weakness in their case. I will systematically dismantle their arguments piece by piece, scrutinize every detail of their evidence, challenge the credibility of every witness, and highlight every procedural misstep they make. This is about more than simply asserting your innocence; it’s about forcing the state to prove, beyond any shadow of a doubt, that you are guilty of every single element of the alleged crime. They bear the formidable burden of proof, and I will ensure that every one of their claims is rigorously tested and challenged in court. This fight is for your life, your freedom, and your future, and I am ready to lead it with unwavering determination.

How a Perjury Charge Can Be Challenged in Court

Lack of Knowledge or Intent (Not Believing It to Be True)

The most crucial element of perjury is that you must have made the false statement not believing it to be true. This means you had actual knowledge of its falsity. If you genuinely believed your statement was true, or if your statement was a result of an honest mistake, forgetfulness, or misunderstanding, the prosecution cannot prove perjury.

Genuine Mistake or Error: People make mistakes, especially under pressure in legal settings. If the false statement was an accidental error, a slip of the tongue, or a miscalculation, it lacks the deliberate intent required for perjury.
Lapse in Memory: Memory is fallible. If you simply could not recall the information accurately at the time you testified or signed a document, and genuinely believed what you said was correct based on your memory, this negates the required knowledge of falsity.
Misunderstanding of Question/Terms: Complex legal questions or technical terms can be misunderstood. If you genuinely misinterpreted a question or a term, leading to an inaccurate answer that you believed to be true, this undermines the intent to lie.
Ambiguity of Statement: If the statement itself was ambiguous and could be interpreted in multiple ways, one of which is true, it becomes difficult for the prosecution to prove that your specific intended meaning was false and that you knew it to be so.

Statement Not Material

For a statement to constitute perjury, it must be “material” to the action, hearing, or proceeding. This means it must have the potential to influence the outcome or course of the legal matter. If the statement was irrelevant, trivial, or could not possibly have affected the proceeding, it is not perjury.

Irrelevant Detail: If the false statement pertained to an insignificant or entirely irrelevant detail that had no bearing on the core issues of the case, it might not be considered “material” under the statute.
No Impact on Outcome: While the statute states it’s not a defense that the statement “did not affect the proceeding,” it must still have the potential to affect it. If the statement was so minor that it had no potential to influence any decision or outcome, it might be successfully challenged on materiality.
Contextual Immateriality: The overall context of the testimony or document might show that the false statement, even if factually incorrect, was not genuinely important to the legal purpose of the proceeding.

Not Under Oath or Affirmation (or other specified legal context)

The false statement must be made in a specific legal context where one is legally bound to tell the truth, such as under oath or affirmation in court, or in a legally designated sworn document. If the statement was made informally, outside of a sworn context, or in a document not legally requiring oath/affirmation, it cannot be perjury.

Informal Setting: The statement might have been made in an informal conversation, during an interview before an oath was administered, or in a document not legally designated as being “under penalty of perjury.”
Improper Administration of Oath: While the statute states “irregular manner” is not a defense, there might be extreme cases where the “oath or affirmation” was so fundamentally flawed or absent that it cannot be considered a valid legal oath.
Document Not Legally Required: The writing containing the false statement might not have been a document that is “required or authorized by law to be under oath or affirmation,” thereby removing it from the scope of the perjury statute.

Inconsistent Statements Defense (Subdivision 3 Challenges)

While subdivision 3 allows for conviction if one of two inconsistent statements is false, a defense can still be built by challenging the circumstances or the declarant’s belief.

No Genuine Inconsistency: The two statements, when properly understood in their full context, might not be truly inconsistent or mutually exclusive. Nuances in wording or phrasing can sometimes create an appearance of inconsistency where none truly exists.
Belief in Truth of Both: Even if inconsistent, it’s possible you genuinely believed both statements were true at the time you made them, perhaps due to evolving information, a genuine change in recollection, or simply not fully comprehending the implications of one statement relative to the other. The prosecution must prove you “not believed by the declarant when made.”
External Coercion/Influence: In rare cases, if one of the inconsistent statements was made under extreme duress, coercion, or undue influence, it could be argued that the necessary knowing and willful falsity was absent for that particular statement.

Defense in Action: Scenarios in Northern Minnesota

Scenario in Bemidji: The Witness with Lapsed Memory

A witness in a property dispute in Bemidji testifies about events that happened several years ago. Under oath, the witness states a specific date for an important conversation. However, due to the passage of time and an honest lapse in memory, the witness genuinely misremembers the date by several months. Later, evidence surfaces confirming the actual date, leading to a perjury charge against the witness.

In this scenario, the defense would focus on lack of knowledge or intent (not believing it to be true). My argument would be that the witness made a false statement, but they genuinely believed it to be true at the time due to a faulty memory, not with a deliberate intent to lie. We would present evidence of the time elapsed, the inherent fallibility of human memory, and the witness’s otherwise cooperative demeanor to show the absence of the criminal intent required for perjury.

Scenario in Cloquet: The Misunderstood Technical Term in a Deposition

During a civil deposition in Cloquet regarding an environmental claim, a local business owner is asked under oath about the “effluent discharge rate” from their facility on a particular day. The business owner, not a technical expert, misinterprets “effluent discharge rate” to mean the overall volume of water released, rather than the concentration of a specific pollutant within that water. They provide a figure they believe to be accurate based on their misunderstanding. Later, the true pollutant concentration data contradicts their statement, leading to a perjury charge.

Here, a defense centered on misunderstanding of question/terms and lack of knowledge or intent would be paramount. The business owner made a false statement, but it stemmed from a genuine misunderstanding of a technical term, not a deliberate intention to lie. My argument would emphasize the complex nature of the question, the owner’s lack of technical background in that specific area, and their honest belief in the truth of their answer, negating the required mental state for perjury.

Scenario in Proctor: The Irrelevant Detail in a Court Filing

In a minor family court proceeding in Proctor, you file an affidavit under oath stating your address. Due to a recent temporary living arrangement, you list a friend’s address where you’ve been staying for a week, rather than your official permanent residence which is currently undergoing repairs. The actual permanent address is completely irrelevant to the family court issue. The court later discovers your official address and charges you with perjury for making a false material statement.

In this case, the defense would primarily argue that the statement was not material. While the address given might technically be false, its impact on the outcome or course of a minor family court proceeding is likely negligible. My argument would be that the specific address was an irrelevant detail, serving no purpose in influencing the judge’s decision, and therefore does not meet the “material” element of the perjury statute.

Scenario in Two Harbors: The Unsworn Initial Interview

You are questioned by an investigator in Two Harbors regarding a financial dispute, before any formal proceedings or before you are administered an oath. During this initial, unsworn interview, you make a statement about your financial dealings. Later, the investigator believes your statement was false, and a perjury charge is brought, claiming your subsequent sworn affidavit contradicts this initial unsworn statement.

Here, the defense would strongly argue that the statement was not made under oath or affirmation (or other specified legal context). The initial interview, if unsworn, cannot form the basis for a perjury charge, even if a later sworn statement contradicts it. The “inconsistent statements” clause (Subdivision 3) still requires that both statements were made under circumstances where one was required to be true under oath. If the first statement was never under oath, it cannot be a predicate for perjury.

The Advocate: Why a Dedicated Duluth Defense Attorney is Essential

Countering the Resources of the State

When you face a charge of Perjury in Northern Minnesota, you are not simply contending with a single prosecutor. You are up against the full, formidable might of the state, an entity with seemingly boundless resources. This includes a vast network of trained investigators, forensic document examiners, and a dedicated team of prosecutors whose singular mission is to secure a conviction and uphold the integrity of the courts. They have the personnel, the time, and the budget to meticulously build their case against you, leaving no stone unturned in their quest for evidence and witnesses. If you attempt to navigate this daunting legal landscape alone, you will be profoundly outmatched. I understand the immense resources arrayed against you, and I am prepared to counter them with my own relentless dedication and strategic approach. I will commit my full resources, my unwavering focus, and my profound understanding of the legal landscape to ensure that you are not overwhelmed or outmaneuvered by the government’s vast machinery. This fight requires a powerful counterforce, and I will be that force, standing firmly by your side.

Strategic Command of the St. Louis County Courts

Successfully defending against a criminal charge in St. Louis County, from the often-intense courtrooms of Duluth to the more intimate proceedings in Two Harbors or Proctor, requires far more than just a theoretical grasp of the law. It demands a deep, intricate, and strategic command of the local legal ecosystem. Each courthouse possesses its unique culture, each judge their specific preferences and rulings, and each prosecutor their distinct approach to plea negotiations and trial strategies. Without this nuanced, on-the-ground understanding, you are entering a complex battlefield without a map. I dedicate my professional life to immersing myself in these very courts, observing, learning, and cultivating an unparalleled understanding of the local dynamics. I know the tendencies of the judges, the strategies commonly employed by the prosecutors, and the subtle intricacies of local rules and precedents that can profoundly impact the outcome of your case. My strategic command of the St. Louis County courts ensures that your defense is not just legally sound, but tactically superior, maximizing your chances for a favorable outcome and meticulously protecting your future in Northern Minnesota.

Fighting for Your Story, Not Just the Police Report

When an accusation like Perjury surfaces, the police report or the prosecutor’s narrative often becomes the state’s entire story. These official documents, compiled by those whose primary objective is to gather evidence against you, are inherently one-sided and devoid of critical context. They strip away your motivations, the surrounding circumstances, and the nuances of the situation that led to the charge. The prosecution will attempt to reduce your entire life and your reputation to a few lines in an official document, presenting a simplified, often distorted version of events that paints you in the harshest possible light. My unwavering commitment is to fight fiercely for your complete story. I will not allow your defense to be confined to the narrow, often biased, confines of official reports or transcripts. I will meticulously investigate every detail, uncover every relevant piece of evidence, interview every potential witness, and gather all information that provides the full, human context of your situation. I will articulate your motivations, your actions, and your perspective with unwavering clarity and conviction, ensuring that the court understands the nuanced reality, not just the state’s truncated and damaging narrative.

An Unwavering Commitment to a Winning Result

Facing a criminal charge is undoubtedly one of the most terrifying and uncertain experiences of a person’s life. It demands a defense attorney who is not merely competent, but who possesses an unwavering, relentless commitment to achieving the best possible result for you. I don’t view your case as just another file on my desk; I see it as your life, your livelihood, your freedom, and your family’s well-being hanging precariously in the balance. My commitment to you is absolute and unyielding. This means I will leave no stone unturned in my investigation, no legal avenue unexplored, and no defense strategy untried. I will work tirelessly, pursuing every lead, challenging every piece of evidence presented by the prosecution, and fighting tooth and nail against every attempt to undermine your case. My sole focus is on securing a winning result for you, whether that means a complete dismissal of the charges, an acquittal at trial, or a meticulously negotiated resolution that protects your future. I understand the profound stakes involved, and I will bring all my expertise, experience, and unyielding dedication to bear on your behalf, providing the aggressive and strategic defense you desperately need when your world has been turned upside down in Northern Minnesota.

Your Questions Answered

What does Perjury mean in Minnesota?

Perjury in Minnesota, under Statute 609.48, means making a false statement under oath or affirmation, or in a legally required sworn writing, knowing the statement is false and that it is material to the proceeding or document.

Is Perjury always a felony?

Yes, in Minnesota, Perjury is always charged as a felony. The severity of the felony (and thus the potential sentence) depends on the context of the false statement.

What does “material statement” mean in Perjury?

A “material statement” is one that has the potential to influence the outcome or course of the legal action, hearing, proceeding, or document it relates to, even if it ultimately didn’t change the outcome.

What if I made an honest mistake or forgot something?

An honest mistake, a genuine lapse in memory, or a misunderstanding of a question typically means you did not “not believe it to be true.” Without that knowing intent to lie, it is not perjury, and this is a strong defense.

Can I be charged with Perjury for inconsistent statements?

Yes, Minnesota law (Subdivision 3) allows for conviction if you’ve made two inconsistent statements under oath where one must be false and you knew it was false at the time, even if the prosecution can’t prove which one was the lie.

What are the maximum penalties for Perjury?

If the false statement was made during a felony trial or for an explosives license, it’s up to 7 years in prison and/or a $14,000 fine. In all other cases, it’s up to 5 years in prison and/or a $10,000 fine.

Will a Perjury conviction affect my professional license?

Almost certainly. Perjury is a crime of dishonesty and will likely lead to the suspension or revocation of most professional licenses, especially in fields requiring high ethical standards or public trust.

Will I lose my right to own firearms if convicted?

Yes, a felony conviction for Perjury will result in the permanent loss of your Second Amendment rights in Minnesota.

What should I do immediately if I am accused of Perjury?

Do not speak to anyone about the allegations, especially investigators or prosecutors. Your absolute first step must be to contact a criminal defense attorney immediately.

What kind of evidence does the state use to prove Perjury?

The state will use transcripts of your testimony, the documents you signed, other conflicting evidence (witness statements, documents, recordings), and potentially expert testimony to prove your statement was false, material, and that you knew it was false.

Can I defend myself against a Perjury charge?

Perjury cases are incredibly complex and carry severe penalties. Attempting to defend yourself would be a grave mistake. You need an experienced criminal defense attorney to navigate the intricacies of the law and evidence.

Does it matter if my false statement didn’t change the outcome of the case?

No. Under Minnesota law, it is not a defense that the statement “did not affect the proceeding for which it was made.” The key is whether the statement was material – meaning it could have influenced the outcome.

What if the oath was not administered correctly?

Minnesota Statute 609.48, Subdivision 2, explicitly states that it is not a defense that “the oath or affirmation was taken or administered in an irregular manner.”

Can I be charged with Perjury for a statement made outside of court?

Yes, if the statement was made in a “writing which is required or authorized by law to be under oath or affirmation,” such as an affidavit, a sworn application, or other formal legal documents.

How quickly should I retain a lawyer for a Perjury charge?

Given the serious nature of Perjury, time is absolutely critical. The sooner you retain an attorney, the sooner they can begin building your defense, interviewing witnesses, and preserving crucial evidence.