The crime of making a false statement while under oath is called perjury. While lying on the witness stand while being sworn in during a criminal or civil trial is a common example of perjury, it is not the sole instance. If you make a fraudulent written statement, you may have committed perjury. Perjury includes several actions, such as lying in a signed affidavit or a signed criminal complaint. The New York penal code has a number of distinct perjury offenses.
Both common people and government employees, such as police officers, are capable of perjury. The specific perjury accusation you would face if you are suspected of making a false statement under oath will depend on the circumstances of the alleged false statement. If you make a false statement under oath, you may be charged under New York Penal Law 210.45 with making a false written statement that is punishable. People who sign false statements in a criminal complaint are frequently charged with this crime.
A class A misdemeanor is making a false written statement that is punished. As a result, if you are found guilty, you could receive a penalty that includes up to a year in jail, three years of probation, and a fine.
If you remember the truth incorrectly or make a misleading remark as a result of a mistake, you wouldn’t have done it “knowingly.” Therefore, you wouldn’t have committed the offense of making a false written statement that is punishable.
The fact that the statement was accurate is yet another defense to a charge of creating a criminal false written statement. You would not have committed the chargeable crime of creating a false written statement if you could demonstrate that the claim you made was accurate.
New York Penal Law § 210.45: Making A Punishable False Written Statement
When someone intentionally makes a false statement in a written document that contains a legally required form notice stating that such statements are punished, even if they are not believed to be true, they are guilty of making a punishable false written statement.
- Making an apparently sworn false statement in the second degree: New York Penal Law § 210.35
- Making an apparently sworn false statement in the first degree: New York Penal Law § 210.40
Hiring A New York Lawyer For Making A Punishable False Written Statement Case
When facing a punishable false written statement case in New York, hiring a skilled attorney is imperative. Such cases involve allegations of making deceptive or fraudulent statements in writing, which can result in severe legal consequences. A New York lawyer with expertise in criminal defense can assess the evidence, scrutinize the circumstances, and formulate a strong defense strategy. They may challenge the accuracy of the allegations, investigate potential errors in the investigation, and work to establish doubt regarding your intent. With a competent attorney, you can aim to minimize penalties, protect your rights, and ensure a fair legal process in this challenging situation.