Making An Apparently Sworn False Statement In The Second Degree: NY Penal Law § 210.35

by ECL Writer
Perjury In The Third Degree

If you provide false information while under oath, you could be guilty of committing perjury. Perjury typically occurs when a person lies while testifying during a criminal or civil trial, but it’s not limited to the witness stand. For instance, making false statements in a signed affidavit or a signed criminal complaint can also constitute perjury. Moreover, both private citizens and government officials, including police officers, can commit perjury.

If you’re suspected of making a false sworn statement under oath, the specific perjury charge you may face depends on the circumstances surrounding the false statement. Under New York Penal Law § 210.35, you could be charged with second-degree perjury if:

  • You sign a written document knowing that it contains a false statement.
  • You believe that this document will be used with a jurat affixed to it.
  • The document is, in fact, used with a jurat affixed to it.

Sentence

A class A misdemeanor involves making a second-degree false statement that seems to have been sworn. If you are found guilty, your sentence may include a fine, up to a year in jail, and three years of probation.

Defenses

Making an allegedly sworn false statement does not apply if the fraudulent statement was not made while you were under oath. As an illustration, imagine you were a witness to a crime and made a false statement to a police officer at the scene. Due to the fact that you did not make the statement under oath and that no official criminal investigation has been launched, you would not have committed making an allegedly sworn false statement.

If you misremember the facts or make a misleading statement out of error, you wouldn’t have done it “knowingly.” The prosecutor would be unable to demonstrate that you have committed the offense of making a criminal false written statement in such a situation.

New York Penal Law § 210.35: Making An Apparently Sworn False Statement In The Second Degree

When a person signs a written document knowing that it contains a statement that is in fact false and that he does not believe to be true, as well as when he intends or believes that the statement will be uttered or delivered with a jurat affixed thereto, as well as when the statement is uttered or delivered with a jurat affixed thereto, the person is guilty of making an apparently sworn false statement in the second degree.

Related Offenses

  1. Making an apparently sworn false statement in the first degree: New York Penal Law § 210.40
  2. Making a punishable written false statement: New York Penal Law § 210.45

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

Hiring a New York lawyer for a second-degree false statement case is crucial. This serious offense involves knowingly making false statements under oath or in written form, jeopardizing the integrity of the legal system. A skilled attorney in New York will navigate the complexities of the state’s legal framework, ensuring the best possible defense.

An experienced lawyer will scrutinize evidence, interview witnesses, and build a strong defense strategy to challenge the prosecution’s case. They’ll aim to mitigate potential penalties, which can include imprisonment, fines, and damage to your reputation.

Choosing the right New York lawyer is essential to protect your rights and seek a favorable resolution to your false statement case.

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