Tennessee Criminal Lawyer Blog

Tennessee criminal defense lawyers help clients with many different charges and citations. Tennessee defense attorneys have handled everything from homicide cases down to speeding tickets. Any type of criminal charge is serious. If you are charged with a crime or citation in the Knoxville, Gatlinburg, Pigeon Forge, or Sevierville areas, contact a Tennessee criminal defense attorney.

Although evidence in a court of law can be introduced many different ways, testimony is probably the most common form. Courts take perjury seriously because it can be used to usurp the power of the courts. Perjury can happen not only in criminal proceedings, but in civil proceedings as well. Tennessee has basically three different perjury offenses: perjury, aggravated perjury, and subornation of perjury. According to Tennessee law, perjury occurs when a person, with intent to deceive:

• makes a false statement, under oath;
• makes a statement, under oath, that confirms the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
• makes a false statement, not under oath, but on an official document required or authorized by law to be made under oath and stating on its face that a false statement is subject to the penalties of perjury. Tenn. Code Ann. § 39-16-702 (2007).

"Oath" means a solemn and formal undertaking to tell the truth and includes an equivalent affirmation permitted by law as a substitute for an oath administered by a person authorized by law to take statements under oath. Tenn. Code Ann. § 39-16-703 (2007).

Perjury is basically lying under oath or on an official document. It is a Class A misdemeanor under normal circumstances. It is elevated to a Class E felony if committed on an application for a handgun carry permit or on a sexual offender registration form. Perjury can be aggravated under certain circumstances. According to Tennessee law, aggravated perjury (a Class D felony) is perjury plus:

• the false statement is made during or in connection with an official proceeding; and
• the false statement is material. Tenn. Code Ann. § 39-16-703 (2007).

It is not a defense that the person mistakenly believed the statement to be immaterial. However, it is a defense to aggravated perjury that the person retracted the false statement before completion of the testimony at the official proceeding during which the aggravated perjury was committed. Tenn. Code Ann. § 39-16-704 (2007).

"Material" means the statement, irrespective of its admissibility under the rules of evidence, could have affected the course or outcome of the official proceeding. "Official proceeding" means any type of administrative, executive, judicial, or legislative proceeding that is conducted before a public servant authorized by law to take statements under oath in that proceeding. Tenn. Code Ann. § 39-16-701 (2007).

The main difference between perjury and aggravated perjury is the importance of the testimony. If the deceptive testimony could affect the outcome of the case, then the offense is aggravated perjury.

There is also something called subornation of perjury under Tennessee law. Subornation of perjury occurs when someone, with the intent to deceive, induces another to make a false statement constituting perjury or aggravated perjury. Subornation of perjury is a Class A misdemeanor; whereas, subornation of aggravated perjury is a Class E felony. Tenn. Code Ann. § 39-16-705 (2007). If you have been charged with perjury, aggravated perjury, subornation of perjury, or any other crime under Tennessee law, contact a Tennessee criminal defense lawyer.