The act of false swearing in Criminal Defense cases is very similar to the act of perjury. self-defense Specifically, the act of false swearing is defined under section 4903 of the Pa criminal code. It essentially is lying under oath or the equivalent affirmation. False swearing can take place during any official proceeding and the statements must be made with the intention to mislead the public official and prohibit him from preforming his official function. In addition, there is also a provision of the statute that covers a situation in which an individual lies to a notary. The main difference between perjury and false swearing is that the false oath in perjury must be made in a judicial proceeding, whereas in false swearing does not need to be made in such a proceeding. While perjury can be based only on an oath required by law, in false swearing the oath may be made in a voluntary statement or affidavit, and it is not necessary that the purpose of the oath was to influence or mislead anyone.
There are additional elements in Criminal Defense cases that the government must make in False Swearing cases. statutes of limitations In addition, although perjury requires that the false statement be material, false swearing does not. While the two terms are sometimes used interchangeable, as mentioned there are differences when they are applied in the legal sense. It is also important to note that there are different penalties for each act. In the state of Pennsylvania perjury is a felony of the third degree which comes with it a sentence of up to seven years in a state facility, while false swearing is a misdemeanor of the second degree which comes with a sentence of up to 2 years in jail. Due to the seriousness of the offense if you have been charged with the offense of false swearing, it is important to seek legal representation. The attorneys at The Law Offices of Kelly and Conte are experienced attorneys who will fight for the best possible outcome given the facts of your particular case.