Making false remarks on purpose while under oath is considered perjury. The New York penal code has a number of distinct perjury offenses. The first degree perjury indictment is the most serious of these accusations. You could be prosecuted with perjury in the first degree under New York Penal Law 210.15 if you give a false statement under oath that contains testimony that is important to the proceeding in which it is given.
According to New York Penal Law 210.00, an oral declaration made under oath in a proceeding before a court, body, agency, public servant, or other person authorized by law to conduct such a proceeding is referred to as “testimony” and is defined as any method authorized by law to affirm the truth of a statement. In other words, perjury can be founded on statements made in previous situations, such as during depositions and in affidavits, and it can occur during a criminal or civil court action.
Perjury In The First Degree Sentence
First-degree perjury is a class D felony. Accordingly, if you are found guilty, you might receive a punishment that entails a prison term of up to 7 years, a probation term of 5 years, and the payment of a substantial fine. There will be several constraints on your life if your sentence includes probation, including the need to frequently report to your probation officer.
If you made a false statement but afterward changed it before it had a significant impact on the case and before it became clear that its dishonesty would be revealed, you would not be guilty of perjury.
You might even claim that you made a mistake as a defense. In other words, you would not have committed perjury if you made a statement under oath that you thought was true but was not accurate in reality.
You did not commit perjury if the assertion you made was the real deal. It’s possible that the way the question was phrased or the way you read it gave the impression that you lied when you didn’t. You might have been asked if you sent a parcel to someone else during your evidence in a criminal case, for instance. You did not lie when you claimed that the package was not sent if you packed it for mailing but someone else actually sent it by mail.
New York Penal Law § 210.15: Perjury In The First Degree
A person is guilty of perjury in the first degree when he swears falsely and when his false statement (a) consists of testimony, and (b) is material to the action, proceeding, or matter in which it is made.
- Making an apparently sworn false statement in the first degree: New York Penal Law § 210.40
- Making a punishable written false statement: New York Penal Law § 210.45
Hiring A New York Lawyer For Perjury In The First Degree Case
Hiring a New York lawyer for perjury in a first-degree case is crucial for navigating the complex legal terrain. First-degree perjury charges in New York involve intentionally providing false statements under oath, which can result in severe penalties, including imprisonment. A skilled attorney with expertise in perjury cases understands the intricacies of the law, evidence, and courtroom procedures. They can build a robust defense strategy, investigate the case thoroughly, and protect your rights. Additionally, a seasoned New York lawyer can negotiate with prosecutors, explore potential plea deals, or provide a strong defense in court, increasing your chances of a favorable outcome.