Be Aware of These 15 Offenses Against the Administration of Government During Your Criminal Proceedings

If you have been charged with a crime, the last thing you want to do is commit another crime in the process of your criminal procedure. There is a whole world of crimes that can be committed in the process of working with the government through your criminal procedure. Below are only summaries of the Utah code. For the full details of each offense, you can visit the offenses against the administration of government section (76-8-5).

False or Inconsistent Statements

Classification: Class B Misdemeanor

This is pretty straight forward. This doesn’t quite rise to the level of a material statement (defined further below). But it’s still a statement that the person makes under oath that they believe is false.

False or Inconsistent Material Statements

Classification: Second Degree Felony

This one is more serious than just a regular statement because it is a “material” statement, which essentially means the information is important to the proceedings.

Written False Statement

Classification: Class B Misdemeanor

This could be anything from writing a false statement or even submitting any sample, specimen, map, boundary mark, or other object which the person knows is false.

False Statements -- Preliminary Hearing

Classification: Class A Misdemeanor

This is specifically for false statements that will be shared in a preliminary hearing.

False or Misleading Information

Classification: Class B Misdemeanor

This applies if the person is not under oath or affirmation and provides false or misleading information. For example, telling an officer of the court false information to try and qualify for expungement or removal from the White Collar Crime Registry.

Providing False Information to Law Enforcement Officers, Government Agencies, or Specified Professionals

Classification: Class B Misdemeanor

In brief, this is when a person lies or tries to convince a government officer or licensed professional that another person committed an offense or gives information about an offense that did not actually happen.  

False Personal Information to Peace Officer

There are two variations of this offense with a seemingly small difference (bolded)

Class C misdemeanor: knowingly giving a false name, birth date, or address to a peace officer.

Class A misdemeanor: knowingly giving another person’s name, birth date, or address to a peace officer.

Tampering with Witness -- Receiving or Soliciting a Bribe

Classification: Third Degree Felony

This is when someone attempts to get another person to testify or inform falsely, withhold information, or skip any proceeding or investigation they have been summoned to.

Retaliation Against a Witness, Victim, or Informant

Classification: Third Degree Felony

This is any threat or actual harm caused to a witness, victim, or informant.

Tampering with a Juror -- Retaliation Against a Juror

Classification: Third Degree Felony

This is any communication with a juror either directly or indirectly, except for through attorneys in lawful discharge of their duties in open court. It includes offering a benefit or threatening a juror.

Extortion or Bribery to Dismiss Criminal Proceeding

Classification: Second Degree Felony

While using force or threat, attempting to get an alleged victim of a crime to dismiss or prevent the filing of a criminal complaint, indictment, or information.

Tampering with Evidence

Classification: Third Degree Felony

Altering, destroying, concealing, or removing any item in an effort to reduce its usefulness or availability in the proceeding or investigation of a crime.  

Falsification or Alteration of Government Record

Classification: Class B Misdemeanor

Knowingly making a false entry in or alteration of anything belonging to, received, or kept by the government for information or record. This also includes presenting a record known to be false or destroying/hiding a record.

Impersonation of Officer

Classification: Class B Misdemeanor

This could be impersonating a public servant or a peace officer with intent to deceive someone or get them to do something. But it also includes showing or possessing any real or created badge, ID, or uniform of a state or local governmental entity with the intent to deceive.

False Judicial or Official Notice

Classification: Class B Misdemeanor

In trying to get the compliance of someone, knowingly sending or delivering a false notice that resembles a summons, complaint, court order etc.

If you have been charged with any of these offenses against a governmental agency, you need an experienced lawyer who knows Utah’s legal system to help you fight for your rights. The legal team at Brown, Bradshaw & Moffat have been defending against felony and misdemeanor charges in Utah for decades.

Contact us at (801) 532-5297 for a free consultation so we can get started on your case today