Making An Apparently Sworn False Statement In The First Degree: NY Penal Law § 210.40

by ECL Writer
Perjury In The Third Degree

Perjury constitutes a criminal offense involving the act of providing false information while under oath. Within the New York criminal code, there exist various forms of perjury violations. Some are explicitly labeled as “perjury,” while others are referred to as “making a false statement.” The specific perjury charge an individual may face hinges upon the circumstances surrounding the false statement given while under oath. Under New York Penal Law § 210.40, an individual can be accused of committing a first-degree perjury charge if the following criteria are met:

  • They have already committed the offense of making an apparently sworn false statement in the second degree.
  • The written document in question is one for which a legal oath is mandated.
  • The false statement was deliberately made with the intent to deceive a public servant in the execution of their official duties.
  • The false statement is pertinent to the legal action, proceeding, or matter at hand.

Sentence

Making an apparently sworn false statement in the first degree is a class E felony. This means that if you are convicted your sentence could include a prison term of up to 4 years, a probation term of 5 years, and payment of a fine.

Defenses

Making an allegedly sworn false statement does not apply if the fraudulent statement was not made while you were under oath. For instance, lying when giving a witness statement at the scene of a crime would not have qualified as a “sworn statement” under the Act because no official criminal proceedings had yet begun.

The fact that the statement was accurate is yet another defense to a charge of creating a criminal false written statement. To be found guilty of making an allegedly sworn false statement in the first degree, the prosecution must show that the statement you made was in fact untrue.

New York Penal Law § 210.40: Making An Apparently Sworn False Statement In The First Degree

A person is guilty of making an apparently sworn false statement in the first degree when he commits the crime of making an apparently sworn false statement in the second degree, and when (a) the written instrument involved is one for which an oath is required by law, and (b) the false statement contained therein is made with intent to mislead a public servant in the performance of his official functions, and (c) such false statement is material to the action, proceeding or matter involved.

Related Offenses

Hiring A New York Lawyer For Making An Apparently Sworn False Statement In The First Degree Case

Hiring a New York lawyer to address an allegedly sworn false statement in a first-degree case is a critical step in ensuring justice prevails. Such cases demand skilled legal representation to challenge the credibility of the statement, gather evidence, and build a robust defense. An experienced attorney will meticulously scrutinize the circumstances surrounding the alleged false statement, seeking inconsistencies or ulterior motives. They will navigate the complexities of New York’s legal system, employing their expertise to protect the client’s rights. Ultimately, securing a competent lawyer is essential to uphold fairness, safeguard the accused’s reputation, and strive for a just outcome in this high-stakes legal battle.

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