Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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False swearing is a less serious Colorado offense than perjury. Both offenses involve knowingly lying under oath. But perjury requires that the lie occurs at an official proceeding or with the intention to mislead a public servant. False swearing is lying under oath in any other circumstance.
False swearing is just a petty offense, whereas a perjury law violation can be a felony or a misdemeanor.
First-degree perjury (CRS 18-8-502) occurs when a person knowingly makes a materially false statement at an official proceeding. Examples of official proceedings include:
Under Colorado law, a “materially false statement” is defined as:
A false assertion that affects the action, conduct, or decision of the person who receives or is intended to receive the asserted information in a manner that directly or indirectly benefits the person making the assertion.2
Materiality means that the lie must be intended to somehow affect the proceeding and benefit the person telling the lie. A material statement is different than minor untruths or misleading statements that do not affect or benefit anyone.
Note that people cannot claim their Fifth Amendment against self-incrimination right once they are on the witness stand. So people who fear they will give false testimony about a material fact should avoid testifying at all.
1st-degree perjury is a class 4 felony, carrying:
Second-degree perjury (CRS 18-8-503) occurs when a person knowingly makes a materially false statement in order to mislead a public servant in the performance of his/her duty. 3
Examples of second-degree perjury may include:
These “material fabrications” could influence these state agencies to give the person benefits and employment despite being ineligible.
2nd-degree perjury is a class 2 misdemeanor punishable by:
Like the crime of perjury, the Colorado crime of false swearing is knowingly making a materially false statement under oath. But the context is different. There are no court or other official proceedings or public servants involved.
An example of false swearing could be giving false information on job applications to private businesses that require the applicant to “swear” that all the information they give is correct.
The penalty for perjury is much harsher than for false swearing. A petty offense, false swearing carries up to 10 days in jail and/or up to $300 in fines.5
Yes. First-degree perjury convictions can be sealed three (3) years after the case closes. Second-degree perjury convictions (as a class 2 misdemeanor) can be sealed two (2) years after the case closes. And a conviction for false swearing may be sealed one (1) year after the case ends.
Note that if the false swearing or perjury charges get dismissed, then there is no wait to pursue a Colorado criminal record seal.6
Learn how to seal a Colorado criminal case.
For more in-depth information, refer to these scholarly articles:
Also see our related articles, Tampering with physical evidence (CRS 18-8-610) and What is Colorado’s statute of limitations for perjury?
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.