Perjury is a serious criminal offense in Utah involving allegations that a person knowingly made a false statement under oath in an official proceeding. Because perjury directly undermines the integrity of the justice system, prosecutors treat these cases aggressively, even when the underlying case was minor or ultimately resolved.
Perjury charges often arise from courtroom testimony, depositions, sworn affidavits, written declarations, or statements made during administrative or governmental proceedings. These cases frequently rely on close comparisons between testimony, documents, recordings, and prior statements. In many situations, individuals are charged based on inconsistencies, confusion, or poor wording rather than intentional deception.
If you are under investigation or facing perjury charges in Utah, the consequences can be severe. A conviction can result in jail or prison time, fines, and long-term damage to your credibility, career, and professional licensing.
Utah Perjury Defense Attorney
If you are under investigation or have been charged with perjury in Utah, you must understand that your freedom and reputation are at stake. Perjury cases are often technical and depend heavily on precise language, intent, and context.
At Susanne Gustin, Attorney at Law, we have decades of experience defending clients accused of serious criminal offenses throughout Utah. We understand how perjury allegations are built, how prosecutors attempt to infer intent from inconsistencies, and how to challenge overreaching or unsupported charges. Our defense strategy includes careful review of transcripts, sworn statements, and the circumstances surrounding the alleged false testimony.
If you are facing allegations in Salt Lake County, Davis County, Utah County, or anywhere in Utah, call us for a confidential consultation. Do not speak to investigators or attempt to explain yourself without legal representation.
Information Center
- Definition of Perjury Under Utah Law
- Common Situations Leading to Perjury Allegations
- Penalties for Perjury in Utah
- Defenses to Perjury Charges
- Role of a Utah Perjury Defense Attorney
- Key Elements the Jury Considers
- Frequently Asked Questions
- Additional Resources
Definition of Perjury Under Utah Law
Perjury in Utah is governed by Utah Code § 76-8-502. A person commits perjury if they make a false statement under oath or affirmation, believing the statement to be false, in an official proceeding or in a written statement required by law to be sworn.
The statute requires:
- A statement made under oath or affirmation
- Knowledge that the statement was false
- Intent to mislead
Truthfulness is evaluated based on the meaning the defendant believed the statement had at the time it was made, not simply how prosecutors later interpret it.
Common Situations Leading to Perjury Allegations
Perjury charges commonly arise from:
- Testimony in criminal or civil trials
- Statements made during depositions
- Sworn affidavits or declarations
- Family law proceedings
- Administrative or licensing hearings
- Conflicting testimony between witnesses
- Statements made during investigations under oath
Many cases involve misunderstandings, memory lapses, or ambiguous questions rather than intentional falsehoods.
Penalties for Perjury in Utah
Penalties depend on whether the offense is charged as perjury or aggravated perjury.
Perjury: Perjury is typically charged as a second-degree felony in Utah.
Potential penalties include:
- 1 to 15 years in Utah state prison
- Fines up to $10,000
- Felony criminal record
Aggravated Perjury: Aggravated perjury applies when the false statement is material and made during a felony proceeding.
Potential penalties include:
- 5 years to life in prison
- Fines up to $10,000
- Permanent felony record
Additional Consequences
Beyond incarceration and fines, a perjury conviction may result in:
- Loss of professional licenses
- Disqualification from certain jobs or public service
- Damage to credibility in future legal proceedings
- Immigration consequences for non-citizens
Defenses to Perjury Charges
- Lack of intent to deceive: Perjury requires proof that the defendant knowingly made a false statement with intent to mislead. Honest mistakes, confusion, or misunderstandings do not constitute perjury. Defense counsel focuses on demonstrating the absence of deliberate deception.
- Statement was true or substantially true; Even if a statement was imprecise, it may still be substantially true. Minor inaccuracies or differences in wording do not automatically equal falsity. Defense attorneys emphasize accuracy in substance, not semantic perfection.
- Ambiguous or misleading questions: A person cannot commit perjury by answering an unclear or confusing question. If a question was vague, compound, or misleading, the answer may not be knowingly false. Defense counsel carefully analyzes the phrasing of questions.
- Inconsistencies are not perjury: Inconsistent statements alone do not prove perjury. Memory fades, stress affects recall, and understanding can evolve. Prosecutors must prove which statement was false and that it was knowingly so.
- Statement was not material: Materiality matters, especially in aggravated perjury cases. If the alleged false statement could not have influenced the outcome of the proceeding, the charge may not stand. Defense counsel challenges materiality aggressively.
- Insufficient or circumstantial evidence: The prosecution must prove falsity and intent beyond a reasonable doubt. Speculation, inference, or selective interpretation of testimony is not enough. The burden remains with the state.
Role of a Utah Perjury Defense Attorney
- Reviewing transcripts and sworn statements in context: A defense attorney carefully reviews testimony and written statements in their entirety. Statements taken out of context often appear misleading when they are not. Context is critical in perjury cases.
- Challenging intent and mental state allegations: Prosecutors often assume intent based on outcomes rather than evidence. Defense counsel reconstructs the defendant’s understanding at the time of the statement. Without intent to deceive, perjury cannot be proven.
- Analyzing materiality and legal thresholds: Not every false statement qualifies as criminal perjury. Defense attorneys evaluate whether the statement was legally material and made in a qualifying proceeding. Overcharging is common in these cases.
- Protecting clients during investigations: Many perjury cases begin during ongoing investigations. Defense counsel advises clients on subpoenas, interviews, and testimony to prevent further exposure. Early representation is essential.
- Negotiating reduced charges or dismissal: When evidence is weak or intent is questionable, defense attorneys seek dismissal or reduction. Many perjury cases resolve without trial once flaws are exposed. Strategic negotiation can prevent severe consequences.
- Trial representation in high-stakes cases: If a case proceeds to trial, defense counsel challenges the prosecution’s interpretation of statements and cross-examines witnesses rigorously. Jurors must understand nuance, context, and reasonable doubt. Skilled advocacy is essential.
Key Elements the Jury Considers
To convict, the prosecution must prove beyond a reasonable doubt that:
- The defendant made a statement under oath
- The statement was false
- The defendant knew it was false
- The defendant intended to mislead
- The statement was made in an official proceeding
Failure to prove any element requires acquittal.
Frequently Asked Questions
Is every false statement under oath perjury?
No. The statement must be knowingly false and made with the intent to mislead.
Can memory problems lead to perjury charges?
Memory lapses alone do not constitute perjury without intent.
What is the difference between perjury and aggravated perjury?
Aggravated perjury involves material false statements in felony proceedings.
Should I talk to investigators if accused?
You should consult a criminal defense attorney before making any statements.
Additional Resources
Utah Code § 76-8-502 – Perjury – Defines perjury under Utah law.
Utah Rules of Evidence – Governs testimony and sworn statements in Utah courts.
Finding a Perjury Defense Attorney in Utah
Perjury accusations can arise unexpectedly and carry severe legal and professional consequences. These cases require immediate, careful, and experienced legal defense.
Susanne Gustin, Attorney at Law represents individuals charged with perjury throughout Salt Lake County, Davis County, Utah County, and across the state of Utah.
If you are under investigation or facing perjury charges, contact our office today for a confidential consultation and begin protecting your freedom, reputation, and future.
