Perjury in New York occurs when a person intentionally makes a false statement after taking an oath to tell the truth in an official proceeding or another situation where the law requires honesty. For perjury to apply, the person must have been under oath. The exact elements that have to be proven depend on the degree of perjury being charged.
This article discusses the different degrees of perjury in New York, the associated penalties, steps to take if you are under investigation, and potential legal defenses.
What Counts as Being “Under Oath”?
Being “under oath” means you have formally sworn to tell the truth, and making a false statement after taking this oath can result in perjury. Many people associate being under oath only with testifying in court, but it can also happen in several other official legal settings.
Examples of situations where you may be put under oath include:
- Testifying in court during a trial or hearing
- Giving a deposition (out-of-court sworn testimony, usually recorded by a court reporter)
- Completing and signing affidavits (written statements sworn before a notary or other official)
- Submitting sworn declarations in writing
- Testifying before a grand jury
- Signing certain legal forms that state, under penalty of perjury, that the information provided is true
In all of these cases, knowingly making a false statement can lead to perjury charges, because you are legally required to be truthful after taking the oath.
Penalties for Perjury in New York
The penalties for perjury in New York depend on the degree of the charge and how serious the false statement was. There are three main degrees of perjury, each with different potential consequences.
Third-Degree Perjury
This is the basic form of perjury and usually involves making a false statement under oath.
It is classified as a Class A misdemeanor, and penalties can include up to 1 year in jail and a fine of up to $1,000.
Second-Degree Perjury
A second-degree perjury charge is more serious because it typically involves a written false statement made under oath, with the intent to mislead a public servant about something important to the case. It is a Class E felony, and punishment can be up to 4 years in state prison.
First-Degree Perjury
This is the most serious perjury charge. First-degree perjury applies when someone knowingly gives false sworn testimony about a material or significant matter. It is considered a Class D felony, and the penalty can be as much as 7 years in prison.
All forms of perjury carry serious consequences, and the severity increases when the lie is used to mislead an official or affects an important part of a legal proceeding.
What to Do If You Are Being Investigated for Perjury
If you find out that you are being investigated for perjury in New York, your actions can make a big difference in your outcome. It’s important to avoid common mistakes and act quickly to protect your rights.
Do Not Speak to Investigators Without Consulting a Lawyer First
Even if you believe you can clear things up, talking to investigators without legal advice can make your situation worse. Anything you say can be used against you and may complicate your defense.
Do Not “Clarify” Sworn Statements on Your Own
Trying to fix or clarify your previous sworn statements without legal guidance can be risky. Making changes or new statements can be seen as an admission of a mistake or, in some cases, further evidence against you.
Preserve Documents and Communications
Keep all documents, emails, texts, or other communications that could relate to the investigation. Destroying, deleting, or altering anything can lead to additional criminal charges.
Contact a Defense Attorney Immediately
Speak with an experienced defense attorney as soon as possible. A knowledgeable defense lawyer can help you understand your rights and help you fight back against these charges.
Taking the right steps early helps you avoid making matters worse and gives you the best chance of protecting your freedom and your reputation.
Legal Defenses to Perjury Charges
If you were arrested for perjury, it’s important to know that there are ways you can defend yourself. Some common legal defenses that can be raised include:
Honest Mistake or Lack of Intent
Perjury requires that the false statement be made knowingly and intentionally. If you simply misunderstood a question, recalled events incorrectly, or made an honest mistake, you are not guilty of perjury.
Statement Was Not Material
A conviction for first-degree perjury requires that the false statement be about something “material,” or significant to the case or legal matter. If your lawyer can show that your statement was irrelevant or minor, the charge can be challenged and potentially reduced to something that carries less serious consequences.
Statement Was Not Actually False
If new evidence or context proves that your statements were true or at least reasonably believed to be true at the time, there is no basis for a perjury conviction.
Contact the Middletown Criminal Defense Attorneys at Larkin Ingrassia Andrews Criminal Defense Attorneys for a Free Consultation Today
Choosing the right defense requires looking at the facts and circumstances surrounding the charges and the entire case. Larkin Ingrassia Andrews Criminal Defense Attorneys can review your case and help you take the right steps moving forward.
Contact us today at (845) 566-5345 to schedule a free consultation with a Middletown criminal defense lawyer.