A Minnesota Perjury Lawyer Explains the High Stakes of a Conviction Under Minn. Stat. § 609.48
Introduction
You are in a uniquely terrifying position. You were likely not the original subject of a criminal investigation. Instead, you were a witness in a hearing, a party in a civil suit, or someone filling out an official, sworn document. You gave a statement under oath, and now, the tables have turned entirely. You are the one facing a felony charge. You are being accused of Perjury—a crime that the state of Minnesota views as a direct attack on the integrity of the justice system itself. The document you’re holding, referencing Minnesota Statute § 609.48, doesn’t just represent a legal problem; it represents an accusation that you are a liar who tried to corrupt the legal process.
The panic and confusion you feel are completely understandable. You may believe your words were twisted, that you made an honest mistake, or that the statement in question was irrelevant to the case. Perhaps you felt pressured or scared and said something you now regret. You’re wondering how this could have happened and what it means for your future. A perjury charge isn’t like other criminal charges; it cuts to the core of your character and threatens to brand you permanently as dishonest and untrustworthy in the eyes of the law and the public.
You do not have to face this crisis alone. As a criminal defense attorney who has defended clients against serious felony charges across Minnesota—from the courthouses in Minneapolis and St. Paul to the jurisdictions of Rochester, Duluth, and St. Cloud—I know how prosecutors build these complex cases. More importantly, I know how to find the weaknesses in their arguments. Your reputation, your freedom, and your future are on the line, and you need a defender who will meticulously dissect the state’s evidence and fight to tell your side of the story.
What Perjury Actually Means in Minnesota
In the simplest terms, perjury is the crime of intentionally lying under oath. However, the legal definition is far more specific. A Minnesota perjury charge alleges that you made a statement that was not only false, but also “material” to a legal proceeding or official matter. Crucially, the prosecutor must prove that when you made the statement, you did not believe it to be true. This isn’t about punishing someone for a faulty memory or for misspeaking. The law targets a conscious decision to deceive.
Facing a Minnesota perjury accusation is incredibly serious because it means the government believes you tried to obstruct justice. The charge can arise in many contexts: testifying in a criminal trial in Hennepin County, signing a false affidavit in a Ramsey County divorce case, lying during a deposition for a civil lawsuit in Rochester, or knowingly providing false information on a sworn government form in Bloomington. Because the entire legal system relies on people telling the truth under oath, prosecutors and judges show very little tolerance for those they believe have violated that sacred trust.
Minnesota Law on Perjury — Straight from the Statute
The legal foundation for the felony charge you are facing is found in Minnesota Statute § 609.48. This law outlines exactly what constitutes perjury, what defenses are not allowed, and the severe penalties that a conviction carries. The first step in building your defense is understanding the precise language the state will use to try and convict you.
The core of the offense is defined in Subdivision 1 of the statute. Here is the exact text:
609.48 PERJURY.
Subdivision 1. Acts constituting. Whoever makes a false material statement not believing it to be true in any of the following cases is guilty of perjury and may be sentenced as provided in subdivision 4:
(1) in or for an action, hearing or proceeding of any kind in which the statement is required or authorized by law to be made under oath or affirmation;
(2) in any writing which is required or authorized by law to be under oath or affirmation;
(3) in any writing made according to section 358.115;
(4) in any writing made according to section 358.116; or
(5) in any other case in which the penalties for perjury are imposed by law and no specific sentence is otherwise provided.
Breaking Down the Legal Elements of Perjury in Minnesota
To convict you of perjury, a prosecutor must prove every single one of the following legal elements beyond a reasonable doubt. The state’s entire case rests on its ability to prove what you said, where you said it, and what you were thinking when you said it. My job is to find the weak link in their chain of proof and use it to defend you.
- A False StatementFirst, the state must prove that you made a statement that was, in fact, false. This seems simple, but words can be ambiguous. A statement that is literally true but misleading is not perjury. The prosecution must present evidence that directly contradicts the statement you made, proving its falsity. If the statement was vague or open to a reasonable interpretation that would make it true, the charge can be defeated.
- MaterialityThe false statement must have been “material” to the proceeding. This means it had to be on a subject that could have influenced the outcome of the case or the decision being made. It can’t be a lie about a trivial, irrelevant detail. For example, lying about the color of a car in a theft case is not material, but lying about who was driving it certainly is. However, the law makes it difficult to defend on this point, as you’ll see later.
- Under Oath or AffirmationYour statement must have been made in a context where you were legally required or authorized to speak under oath. This includes testimony in court, depositions, grand jury hearings, and signing official documents like affidavits or government applications “under penalty of perjury.” A casual lie made to a police officer during an informal conversation is not perjury, though it may be a different crime. The oath is the critical element that elevates the lie to a felony.
- Knowledge of FalsityThis is the most important element and the heart of your defense. The prosecutor must prove that at the moment you made the statement, you knew it was false or, at the very least, you did not believe it to be true. An honest mistake, a lapse in memory, or a genuine belief in a fact that later turns out to be wrong is not perjury. The state must get inside your head and prove your intent to deceive.
Penalties for a Perjury Conviction in Minnesota Are Always Severe
Make no mistake: there is no such thing as misdemeanor perjury in Minnesota. Every conviction for perjury is a felony. This classification alone carries life-altering consequences, including the loss of civil rights. The law further divides perjury into two tiers of severity, both with the potential for a long prison sentence and crippling fines. The penalties for perjury in Minnesota reflect the gravity of the offense.
Felony Sentence (For Statements in a Felony Trial)
If you are convicted of making a false material statement during a felony trial or on an application for an explosives license, you face the most severe punishment.
- Maximum Prison Sentence: Up to 7 years.
- Maximum Fine: Up to $14,000.
Felony Sentence (All Other Cases)
For all other instances of perjury—such as lying in a civil case, a misdemeanor trial, or on a sworn document—the penalties are still incredibly harsh and result in a felony record.
- Maximum Prison Sentence: Up to 5 years.
- Maximum Fine: Up to $10,000.
What Perjury Looks Like in Real Life — Common Scenarios in Minnesota
Perjury charges can arise from a wide range of legal and administrative situations. These are not abstract crimes; they happen to ordinary people who find themselves in high-pressure environments where a single misstep can lead to a criminal charge. You may see your own story reflected in one of these common scenarios.
Understanding the context of your charge helps us build a defense that explains not just what happened, but why it happened.
Lying to Protect a Friend in a Minneapolis Criminal Trial
Your friend is on trial for assault in Minneapolis. You take the stand as an alibi witness and testify under oath that your friend was with you at your apartment at the time of the incident. However, cell phone records later prove your friend was at the scene of the crime. By intentionally providing a false alibi in a felony proceeding, you have committed the most serious form of perjury and face up to seven years in prison.
Hiding Assets in a St. Paul Divorce Affidavit
You are going through a contentious divorce in Ramsey County. You are required to submit a sworn financial affidavit listing all of your assets. Fearing you will lose a valuable classic car in the settlement, you omit it from the document and sign it under penalty of perjury. When your spouse’s attorney discovers the car, you can be charged with felony perjury for making a false material statement in a sworn writing.
Falsifying Facts During a Civil Deposition in Rochester
Your company is being sued in a contract dispute, and you are being deposed at a law office in Rochester. Under oath, you are asked if you have ever had contact with a specific subcontractor. You deny it, forgetting about a string of emails from two years prior. The other side’s lawyer then produces the emails, making your sworn statement appear to be a lie. Even if it was a mistake, the prosecutor may view it as intentional and charge you with perjury.
Providing False Information on a Government Form in Duluth
You are applying for public assistance benefits in St. Louis County and must complete a form detailing your household income. You are currently doing some part-time work for cash and decide not to report it, fearing it will reduce your benefits. You sign the application, which includes a statement that you are signing under penalty of perjury. Knowingly providing false information on that sworn document constitutes felony perjury.
Legal Defenses That Might Work Against Your Perjury Charge
Being charged with perjury can feel hopeless, especially after reading the part of the statute that lists the defenses that are not available—like claiming you didn’t know the statement was material or that the oath was administered irregularly. It is designed to be a difficult charge to beat. However, this is precisely why you need a tenacious and knowledgeable defense attorney. An accusation is not a conviction, and there are still powerful ways to fight back.
My entire approach is to hold the state to its high burden of proof. We will scrutinize every piece of the prosecution’s case, from the precise wording of your statement to the evidence they claim proves your intent to deceive. How to fight perjury charges in Minnesota requires a sophisticated defense that challenges the very core of the state’s allegations. We will not let them win on technicalities; we will force them to prove every element beyond a reasonable doubt.
Your Statement Was an Honest Mistake or a Lapse in Memory
This is the most common and powerful defense against perjury. It directly attacks the element of intent. The state must prove you knew your statement was false.
- Faulty Memory: The human memory is not a perfect recording device. We can argue that you genuinely forgot a key detail or misremembered an event, especially if it happened long ago or under stressful circumstances. We can use evidence of the passage of time or the chaotic nature of the event to show your mistake was honest, not intentional.
- Misunderstanding the Question: Legal questions can be complex and confusing. We can demonstrate that you misunderstood what was being asked and therefore gave an answer that was technically inaccurate but was a truthful response to what you thought the question meant.
The Statement Was Not Actually False
A statement that is literally true, even if it is misleading, is not perjury. This defense requires a meticulous analysis of the words you used.
- Literal Truth: We would argue that your statement, when examined word-for-word, was technically accurate. If you were asked, “Did you speak to Mr. Smith on Tuesday?” and you said no, that is not perjury if you actually texted with him but did not speak. The prosecutor must prove the statement itself was false, not just that it created a false impression.
- Ambiguity and Vagueness: If the statement you made was so vague or ambiguous that it could be interpreted in multiple ways, it cannot be the basis for a perjury conviction. We would argue that the statement lacked the clear falsity required by the law.
The Statement Was Not “Material” to the Proceeding
While the law says it’s not a defense that you believed a statement was immaterial, we can still argue to the court that the statement was, in fact, objectively immaterial to the case.
- Trivial or Irrelevant Detail: We would argue that the subject of your statement had no real capacity to influence the outcome of the legal matter. For instance, lying about what you ate for breakfast on the day of an incident is almost certainly not material. This defense forces the prosecutor to prove the direct connection between your statement and the issues at stake.
You Recanted or Corrected Your Statement
In some situations, immediately correcting a false statement can serve as a defense or a powerful mitigating factor.
- Timely Correction: If you quickly realized your error and took steps to correct the record with the court or other parties, we can argue that this shows a lack of intent to deceive the proceeding. While not a guaranteed defense, it demonstrates good faith and can be very persuasive to a prosecutor or a judge, potentially leading to a dismissal or a much better plea offer.
Minnesota Perjury FAQs — What You Need to Know Now
Is perjury always a felony in Minnesota?
Yes. There is no such thing as a misdemeanor or gross misdemeanor perjury in Minnesota. Any conviction under Minn. Stat. § 609.48 is a felony and will result in a permanent felony record.
Will I go to jail for a perjury conviction?
A prison sentence is a very real possibility. The law allows for a sentence of up to 5 or 7 years, depending on the circumstances. An experienced criminal defense attorney can fight to avoid a prison sentence by arguing for alternatives like probation, but the risk of incarceration is significant.
Can a perjury charge be dismissed?
Absolutely. A dismissal is the primary goal in any perjury defense. This can be achieved by showing the prosecutor that they cannot prove a key element of the crime (like your intent), by successfully arguing a motion to dismiss in court, or through strategic negotiations.
What does it mean for a statement to be “material”?
A statement is “material” if it could have affected the course or outcome of the official proceeding. It doesn’t matter if it actually affected the outcome, only that it had the potential to. It must be relevant to the issues being decided.
What if I lied but then immediately told the truth?
This is called recanting your testimony. If you correct your false statement in the same proceeding before it has substantially affected the outcome, it can sometimes be a defense to perjury. At the very least, it is a powerful mitigating factor that your attorney can use in negotiations.
Do I need a lawyer for a felony charge in Plymouth?
Yes, without question. A felony charge is the most serious type of criminal charge. The consequences of a conviction will follow you for the rest of your life. Whether you are in Plymouth, Eagan, or anywhere else in Minnesota, you need a dedicated and aggressive defense lawyer to protect your rights.
What’s the difference between lying to police and perjury?
The difference is the oath. Lying to police during an investigation is a separate crime (Obstructing Legal Process), but it is not perjury unless you are under oath at the time (e.g., giving a sworn statement). Perjury only applies to statements made under oath or affirmation.
What if I made two contradictory statements under oath?
This is a very dangerous situation. Minnesota law has a special provision (Subd. 3) that allows the state to convict you of perjury by just proving you made two inconsistent statements and that one of them had to be false. They don’t even have to prove which one was the lie.
Can a felony perjury conviction be expunged from my record?
It is extremely difficult. While Minnesota’s expungement laws have expanded, felony convictions remain the hardest to seal. You would have to convince a judge that the benefit to you outweighs the public safety concerns, which is a very high bar for a crime of dishonesty.
Will I lose my right to own a gun if convicted?
Yes. As a convicted felon in Minnesota, you would be permanently barred from possessing firearms or ammunition under both state and federal law.
How will a perjury conviction affect my career?
It can be career-ending. A perjury conviction is a crime of dishonesty. It can make it impossible to get or keep a job in any field that requires trust, such as finance, healthcare, education, or law. It can also lead to the revocation of any professional license you hold.
What if my memory of the event was just wrong?
This is a key defense. If you genuinely believed your statement was true at the time you made it, you did not have the required “knowledge of falsity” to be guilty of perjury. Proving your state of mind is central to a strong defense.
Can I be charged for a false statement in a civil case, like a divorce?
Yes. The perjury statute applies to any legal action, hearing, or proceeding. Lying on a financial affidavit in a divorce case or during a deposition for a personal injury lawsuit are common grounds for a perjury charge.
What if the lie didn’t even help the person I was trying to protect?
It doesn’t matter. The law punishes the act of lying under oath itself, not the outcome. The statute specifically says it is not a defense that your statement “did not affect the proceeding for which it was made.”
How can a lawyer start defending me right now?
An attorney can immediately take over all communication with investigators, demand all evidence from the prosecution, and begin analyzing the case for weaknesses. Early intervention is crucial to protecting your rights and building the strongest possible defense before the state’s case becomes entrenched.
What a Perjury Conviction Could Mean for the Rest of Your Life
A felony perjury conviction is a life sentence of a different kind. It is a permanent brand of dishonesty that will follow you everywhere, creating obstacles in nearly every facet of your life. The collateral consequences are severe, far-reaching, and permanent.
A Lifelong Felony Record and Devastated Job Prospects
A felony on your record is a major barrier to employment. A felony for a crime of dishonesty like perjury is often an absolute disqualifier. Employers will see you as fundamentally untrustworthy. You will be barred from careers in law, finance, healthcare, education, law enforcement, and many other fields. Finding any stable, meaningful employment can become a lifelong struggle.
Loss of Your Fundamental Civil Rights
As a convicted felon in Minnesota, you lose fundamental rights of citizenship. You will be stripped of your right to vote until you have completed your sentence, including any probation or parole. More critically, you will permanently lose your right to own or possess a firearm under both state and federal law for the rest of your life.
Severe Immigration Consequences
For any non-citizen, a conviction for perjury is catastrophic. It is considered a “crime involving moral turpitude,” which is one of the most serious categories of crime under immigration law. A conviction will almost certainly lead to deportation, prevent you from re-entering the United States, and permanently bar you from ever becoming a U.S. citizen.
Complete Destruction of Your Personal Credibility
A perjury conviction means a court has officially and permanently labeled you a liar. This destroys your reputation. It can ruin personal relationships and your standing in your community. Furthermore, should you ever need to be a witness in any future legal matter—even as a victim of a crime—your prior conviction will be used to demolish your credibility on the stand, rendering your testimony worthless.
Why You Need a Tough, Experienced Minnesota Perjury Attorney
When you are facing a charge as complex and severe as felony perjury, you cannot afford to take chances. The state has declared you an enemy of the justice system itself. You need a defender who is prepared to meet that aggression with a sophisticated, relentless, and strategic defense. This is not a time for a passive approach; it’s a time to fight.
A Felony Perjury Charge Demands a Dedicated Private Attorney
Public defenders are often excellent lawyers, but they are overwhelmed with crushing caseloads. A felony perjury case requires hundreds of hours of meticulous preparation—analyzing transcripts, filing complex legal motions, and developing a nuanced trial strategy. As your private attorney, I have the time and resources to dedicate to giving your case the deep-dive attention it needs. Your future is my sole focus, not one of a hundred other files.
My Job is to Dissect the State’s Case and Find the Weakness
The state’s case in a perjury charge often looks stronger on paper than it is in reality. My approach is to take it apart, piece by piece. I will scrutinize the “materiality” of the statement, challenge the ambiguity of the language you used, and, most importantly, attack the prosecution’s ability to prove what you were thinking. I will build a case around your lack of intent, showing that what the state calls a malicious lie was, in fact, an honest mistake, a product of confusion, or a lapse of memory.
Navigating Minnesota’s Courts from Hennepin to St. Louis County
True defense work requires more than knowing the statutes; it requires knowing the people and the venues. I have fought for clients in courtrooms across the State of Minnesota. I understand the unique procedures and tendencies of prosecutors and judges in Hennepin County, Ramsey County, and in jurisdictions throughout greater Minnesota like Maple Grove and Brooklyn Park. This on-the-ground experience allows me to craft a defense that is not only legally sound but also tailored to the specific environment where your case will be decided.
Fighting for Your Freedom and Your Future
When you are facing a felony, the stakes could not be higher. My mission is clear: to achieve the best possible outcome for you. This starts with aiming for a complete dismissal of the charges. If the state won’t back down, I will use every weakness in their case to negotiate a favorable resolution that avoids a felony conviction. And if a trial is necessary, I will be fully prepared to stand beside you and present a powerful, persuasive defense to a jury, fighting for the only two words that matter: “Not Guilty.”