Many people imagine perjury as lying on the witness stand in a televised courtroom drama. In reality, perjury charges in Kentucky can result not only from false courtroom testimony but also from misleading statements made in documents, affidavits, or other situations where someone is required to tell the truth under oath.
These allegations can carry life-changing consequences for defendants. If you’re accused of perjury or related offenses, it’s essential to understand just how seriously Kentucky courts take these cases.
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What Is Perjury?
Perjury happens when someone knowingly makes a false statement under oath or affirmation, with the intention of misleading others in an official context. The false statement must be “material,” which means it’s important enough to affect the proceeding in question. It’s broken down into classes:
Perjury in the First Degree (Class D Felony)
First-degree perjury is the most serious type under Kentucky law. This charge applies if a person makes a material false statement, which they do not believe is true, during any official court proceeding or during processes like depositions or grand jury testimony.
This is a Class D felony under Kentucky law. If convicted, you face between 1 and 5 years in prison and a financial penalty that can be as high as $10,000
What Does “Material” Mean?
A “material” false statement is one that can influence the outcome or decision in a legal case, investigation, or government process. Not every untrue statement under oath counts as perjury; it must be significant enough that it matters to the issue being decided.
Some examples of materially false statements include:
- Lying about your location at the time an alleged crime took place
- Claiming under oath you’ve never owned a weapon used in the alleged offense, when you have
- Stating you’ve never met or communicated with a co-defendant involved in the same criminal case
- Testifying that you did not know the alleged victim when you actually did
Material falsehoods like these go directly to the heart of the criminal charges and can shape whether guilt or innocence is established. Even if you aren’t the one charged with a crime, you can still be prosecuted for perjury if you are a witness and you lie under oath.
Perjury in The Second Degree (Class A Misdemeanor)
Second-degree perjury relates to making a material false statement in a signed, sworn document, like an affidavit, declaration, or other filing, with the intent to mislead a public servant. This charge is more focused on paperwork or formal records rather than live testimony.
This is treated as a Class A misdemeanor. A conviction is punishable by 90 days to 12 months in jail and fines up to $500.
False Swearing (Class B Misdemeanor)
A related but less serious offense, false swearing occurs when someone lies under oath about something that isn’t considered material to the outcome of the case or investigation. While this charge does not carry the same weight as perjury, it’s still a crime under Kentucky law. Being accused of perjury or any related offense is not a minor issue.
False swearing is considered a Class B misdemeanor. Penalties can include up to 90 days in jail, along with fines of $250.
Legal Defenses to Perjury Charges
Facing a perjury charge can be overwhelming, but an accusation does not automatically lead to a conviction. A criminal defense attorney may be able to challenge the charges using several well-established legal defenses.
Some of the most common defenses to perjury charges include:
- Mistake or faulty memory: Memory is not perfect, and inconsistencies can happen. If a statement was incorrect due to an honest mistake or a lapse in memory—rather than an intent to deceive—it typically does not meet the legal standard for perjury.
- Misunderstanding the question: Legal questioning can be complex or unclear. If you misunderstood the question and answered based on that misunderstanding, your response may not qualify as knowingly false testimony.
- The statement was not material: A false statement must be material to support a perjury charge. This means it must have the potential to influence the outcome of a case. If the statement had no real impact on the proceeding, it may not meet this requirement.
- The statement was literally true or too ambiguous: Statements that are technically true—even if potentially misleading—or too vague to interpret clearly generally cannot serve as the basis for a perjury conviction.
To build the right defense, it is important to work closely with a lawyer who understands these charges and Kentucky’s legal process.
Contact Suhre & Associates DUI and Criminal Defense Lawyers To Schedule a Free Consultation With a Lexington Criminal Defense Attorney
Being accused of perjury or a related offense in Lexington, Kentucky, can have serious and lasting consequences, including jail time, fines, and damage to your reputation. However, these cases often depend on specific details, such as intent, materiality, and the context of the statement. Understanding how the law applies to your situation is critical.
If you are facing allegations of perjury, speaking with a criminal defense attorney can help you better understand your rights and the options available to you moving forward. Reach out to Suhre & Associates DUI and Criminal Defense Lawyers today to schedule a free consultation with a Lexington criminal defense lawyer.
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Lexington, KY 40507
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