In Criminal Defense work, it is quickly learned that the police have a number of charges, such as False Swearing, to charge individuals with if they make false statements to them while they are in the course of conducting an investigation. violent crimesThe crime of False Swearing can be found in the Pennsylvania Crimes Code under Title 18 section 4903. False swearing is graded as a misdemeanor of the second degree and therefore punishable by a maximum of 2 years in state prison and a $5,000 fine. In order to be found guilty of this crime, the government must prove the following beyond a reasonable doubt: First, that the accused made a false statement under oath or swears or affirms the truth of such a statement in a written statement to law enforcement, and second that the accused made such a statement when he does not believe the statement to be true. And finally that the false statement was made with the intent mislead a police officer from performing his job.
Crimes such as False Swearing occur in Criminal Defense cases when the police are typically attempting to investigate a crime and an accused knowingly makes a statement in writing that they believe to be false. pre-trial motions Crimes such as this are another reason why criminal defendants should not speak with law enforcement without an attorney. Police Officers can easily make defendants feel pressured into making statements that they normally would not make. A scenario such as this would not occur if an accused was represented at the interview by an attorney, since the attorney could simply stop the interview so that the accused would not make a false statement. Make sure to hire an experienced Chester County criminal lawyer if you are being investigated for the crime of False Swearing to the police.