Making a Punishable False Written Statement

What the prosecutor must prove

• The accused knowingly made a false statement that they did not believe to be true.
• The statement appeared in a written instrument bearing a legally authorized notice that false statements in it are punishable.

Defenses that commonly apply

• The statement was true or the accused believed it was true.
• The document did not bear the required legal warning.
• The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
• Challenging identification, witness credibility, and the reliability of statements to police.
• Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.