What if I made false statements accidentally or out of confusion?

What If I Made False Statements Accidentally or Out of Confusion?

Making false statements, whether accidentally, unintentionally, or out of confusion can have serious legal consequences. However, there are some defenses and options you should know about if you find yourself in this situation.

Understanding Perjury and False Statements

Legally speaking, a false statement made under oath is called perjury, while a false statement made in a non-oath situation is simply a false statement. Both perjury and false statements are crimes if certain conditions are met:

• The statement was knowingly and willfully false when it was made
• The statement was about a material matter or fact relevant to the case
• The statement was made in an official proceeding or matter within the jurisdiction of the government

So if you make an accidental false statement not realizing it was false, or you were confused at the time, that could potentially provide a defense against perjury or false statement charges.

How False Statements Can Occur Accidentally

There are a few common ways false statements can accidentally occur, even though the person had no intention to lie:

• Simple memory errors – Our memories are malleable and imperfect. Details can change over time or become distorted, so you might state something false while believing it’s true based on your memory. Studies show traumatic events in particular are prone to memory distortions over time.
• Misinterpreting the question – You might misunderstand what is being asked and provide an inaccurate response, without realizing the interpretation was wrong.
• Confusion or nervousness – If you’re in a high-stress situation like testifying in court, you may become confused or flustered. That could lead to accidental false statements.

So while false statements should never be taken lightly or encouraged, it’s important to understand how they can innocently occur in certain contexts.

What To Do If You Realize You Made a False Statement

If you come to realize that you accidentally made one or more false statements in a legal proceeding or investigation, here are some steps to take:

• Consult an attorney immediately. Do not try to handle it yourself without guidance. An experienced lawyer can help assess your situation and craft the appropriate response.
• Be proactive in correcting the record. Work with your attorney to prepare an affidavit or testimony clarifying where you misspoke and providing the accurate facts. Taking initiative to correct false statements can help demonstrate lack of intent and good faith.
• Explain the context of how the error occurred if possible. For example, note that you were confused about what was being asked at the time, or that your memory had distorted certain details from the traumatic event. While it doesn’t change the fact that you made a false statement, it can help mitigate by showing absence of intent.
• Express remorse and commit to being more careful going forward. Even if the false statement was accidental, acknowledge that it should not have happened, apologize, and pledge to be as accurate and truthful as possible in any future testimony.

Potential Defenses Against Perjury or False Statement Charges

If you do face charges of perjury or false statements, there are defenses your criminal defense attorney may use, such as:

Lack of Intent

– As this analysis explains, perjury requires a knowingly and willfully false statement. So if you can show the statement was accidental or made out of confusion rather than an intent to deceive, that negates this required element.

Statement Was Not Material

– The false statement must have been material or relevant to the case proceedings. So if your attorney can successfully argue the content was not important to matter at hand, that may defeat a perjury or false statement charge.

Recantation

– Some states provide an affirmative defense if you recant or withdraw the false statement in a timely manner before it has caused harm. So taking swift action to correct the record can not only help demonstrate lack of intent, but also provide an outright defense in certain jurisdictions.

– However, once a false statement has already led to harm (such as another person being wrongfully convicted), most states do not allow recantation as a defense even if it was accidental.

Mental State

– In rare cases, a psychiatric defense may be attempted to show that due to mental illness or deficit, you did not have the requisite intent to willfully lie. But this type of defense can be hard to establish.

While defenses do exist, it’s still vital to take every reasonable precaution to avoid making false statements in the first place, given the steep penalties involved with perjury convictions in particular.

What Are Potential Penalties for Perjury or False Statements?

Much depends on the exact circumstances of the case, but potential maximum penalties under federal law include:

• Perjury – Imprisonment up to 5 years per offense
• False Statements – Imprisonment up to 5 years per offense

Factors that can increase sentences include:

• Statements directly led to deprivation of life, liberty, or property of another person
• Statements substantially affected the outcome of legal proceedings or investigation
• Statements were made as part of a larger conspiracy, criminal enterprise, or common scheme

Even first-time offenses with no criminal history can potentially involve years in prison under sentencing guidelines. Other consequences can include massive fines, probation, community service, and a federal felony conviction on your record hampering future job prospects and rights.