Perjury Under Washington Law

Perjury is the crime where people knowingly make a false statement while under oath in any official proceeding. The offense is a serious crime under Washington law that can result in harsh penalties. If you or a loved one is facing a perjury charge, it is critical for you to contact a skilled defense attorney now for help.

How Does Washington Law Define First Degree Perjury?

RCW 9A.72.020 is the Washington statute that defines the crime of perjury in the first degree. People commit this offense if they:

1. Knowingly make a materially false statement while under oath, and
2. Do so in the course of any official proceeding.

A few definitions here are helpful:

• A “materially false statement” means any statement, oral or written, which could affect the course of the proceeding in which the statement was made,
• An “oath” means a person giving a statement that he/she intends to tell the truth, and
• An “official proceeding” means a proceeding heard before any legislative, judicial, administrative, or other government agency or official authorized to hear evidence under oath.

How Does Washington Law Define Second Degree Perjury?

There are two types of perjury under Washington law. These are perjury in the first degree and perjury in the second degree.

RCW 9A.72.030 is the statute that defines perjury in the second degree. According to this law, a prosecutor has to prove the following elements to successfully convict a defendant of second-degree perjury:

1. The defendant made a false statement,
2. The defendant knew the statement was false at the time he/she made it,
3. The statement was “material,”
4. The statement was made either with the intent to mislead a public servant in the performance of his/her duty, or in an examination under oath under the terms of a contract of insurance, and
5. The statement was made under an oath required or authorized by law.

A few definitions here are helpful:

• A “materially false statement” means any statement, oral or written, which could affect the course of the proceeding in which the statement was made, and
• An “oath” means a person giving a statement when he/she intends to tell the truth.

What are the Penalties?

First degree perjury is a Class B felony (as opposed to a misdemeanor). The crime is punishable by:

• Custody in state prison for up to 10 years, and/or
• A maximum fine of $20,000.

Second-degree perjury is a Class C felony (as opposed to a misdemeanor). The crime is punishable by:

• Custody in state prison for up to 5 years, and/or
• A maximum fine of $10,000.

Can a Defendant Raise a Legal Defense?

The good news is that defendants accused of first degree perjury can challenge the accusation with a legal defense. For example, an accused can always contest a charge by showing that:

1. His/her statement was not “material,”
2. He/she did not make a false statement while under “oath,” and
3. He/she did not make a statement in an “official proceeding.”

Note, too, that a defendant can always use the defense that he/she did not know that a statement was false. For example, maybe a defendant was confused of certain facts and made a false statement by accident.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a perjury charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced perjury attorneys at Black & Askerov have over 25 years of combined experience defending clients on perjury charges. Our Seattle criminal defense lawyers have the skill and commitment that makes all the difference in these types of cases. Our attorneys will fight tooth and nail for you at every step of your case. Contact us now to get the legal help you deserve!