A Rhode Islander made news recently when after self-inflicting a stab wound, he made a false report to the police regarding how the injury came to be. David Pastore reported that he was stabbed by an anonymous person close to a Family Dollar store. Pastore later admitted to the false statement, requested mental help, and was ordered to appear in court in April 2013.
- Up to one year in prison and/or:
- Up to $500 in fines,
- Victim restitution if it applies
The elements of this crime include:
- The accused knew that he or she were making an inaccurate statement to the police
- The statement could be verbal or written
- The statement was made to law enforcement, prosecutors or a jury
In this and other cases of obstructing justice, a defense attorney can present several strategies to reduce sentencing. The judge will typically weigh the following factors:
- Pastore’s criminal history
- His intents for furnishing the statement to the police
- Pastore’s mental health records
An RI attorney could furthermore argue that alternative sentencing in a mental health facility would present a better outcome for society rather than spending time in prison.
In other cases of making false statements, the situation may be entirely different. One of the typical defenses is that a defendant made a false statement in good faith – meaning they believed at the time it were true.
If you’re facing criminal charges for perjury or obstructing justice, contact the law offices of John R. Grasso at 401-272-4001.
Source: Providence Journal News