Perjury :: Tennessee Criminal Lawyer Blog

Any attorney with courtroom experience can tell you that witnesses routinely lie in court, in depositions, and on documents that are supposed to be filled out under oath. While individuals undoubtedly realize that they are supposed to tell the truth while they are under oath, many simply feel that lying under oath is not nearly as bad as revealing damaging information to the judge or the jury. It is important for anyone who is placed under oath to recognize that lying under oath, called perjury under Tennessee law, is a crime that carries serious consequences.

Perjury in Tennessee has the following elements:

(a) A person commits an offense who, with intent to deceive:
(1) Makes a false statement, under oath;

(2) 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

(3) 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.

Basically, then, perjury is lying under oath whether it be in person or on a document. Notice, however, that perjury under the statute requires the "intent to deceive," meaning individuals cannot be charged with perjury for false statements that were simply honest mistakes or borne out of the knowledge of incorrect information. This defense of mistake is the best defense to a perjury charge absent some way to prove that the statement made was actually a true statement.

Perjury is generally a Class A misdemeanor, meaning an individual convicted of perjury is facing up to eleven months and twenty-nine days of confinement. However, if a person commits perjury by lying on an application for a handgun carry permit or on a sex offender TBI registration form, that person can be charged with felony perjury which carries up to six years in jail.

Individuals often find themselves in situations where they feel like they cannot be completely honest regardless of the consequences. Although a defendant is facing a perjury charge, he or he may have made a false statement unknowingly or may be able to present some other good reason for doing so. Contact an experienced East Tennessee criminal defense attorney to discuss your charges and possible defenses.