Perjury entails deliberately providing false statements while under oath, and there are various perjury offenses outlined in the New York criminal code. For instance, if you act as a witness in a trial related to a crime and knowingly lie while being questioned under oath on the witness stand, you would be committing perjury. Likewise, if you knowingly make a false statement when signing an affidavit, you would also be guilty of perjury. The specific perjury charge you face when suspected of making a false statement under oath depends on the circumstances surrounding the statement. According to New York Penal Law § 210.10, you may be charged with perjury in the second degree if you:
- Make a false statement in a written instrument that required an oath to be legally valid.
- Provide this statement with the intent to deceive a public servant.
- The statement plays a critical role in determining the outcome of the proceeding.
Examples of written statements made under oath include depositions during civil procedures and affidavits.
Perjury In The Second Degree Sentence
Second-degree perjury is a class E felony. As a result, if you are found guilty, you might receive a sentence that includes up to 4 years in jail, 5 years on probation, and a large fine.
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.
The false statement you made has to be relevant to the case in order for you to be found guilty of perjury in the second degree. The fact that you incorrectly believed the issue about which you made the false statement was not material when it was actually material is not a defense, nevertheless.
New York Penal Law § 210.10: Perjury In The Second Degree
A person is guilty of perjury in the second degree when he swears falsely and when his false statement is (a) made in a subscribed written instrument for which an oath is required by law, and (b) made with intent to mislead a public servant in the performance of his official functions, and (c) material to the action, proceeding or matter involved.
- Making an apparently sworn false statement in the second degree: New York Penal Law § 210.35
- Making a punishable written false statement: New York Penal Law § 210.45
Hiring A New York Lawyer For Perjury In The Second Degree Case
Hiring a New York lawyer for Perjury in the Second Degree case is essential for a strong defense. This offense involves intentionally making false statements under oath, a serious legal matter in the state of New York. A skilled attorney with expertise in criminal law can assess the evidence, question witnesses, and craft a strategic defense. They will work to protect your rights, ensure due process, and explore potential legal defenses, such as mistaken identity or lack of intent. With a New York lawyer by your side, you increase your chances of a favorable outcome, whether through negotiation or in court.