Perjury In The Third Degree: NY Penal Law § 210.05

by ECL Writer
Perjury In The Third Degree

Making intentionally false remarks under oath is a crime known as perjury. For instance, a witness who promises to tell the truth to a judge, notary public, or other official in a legitimate civil or criminal case and breaks that promise has committed perjury. You must have given a statement in order to have committed perjury. Perjury is not the act of omitting to speak or to respond to a written inquiry. Furthermore, perjury necessitates knowing that the claims made were false.

You did not commit perjury if you made a false statement but truly believed it to be true. If you make false statements while under oath, you may be charged with third-degree perjury under New York Penal Law 210.05. The term “oath” is defined as any procedure authorized by law to affirm the truth of a statement in New York Penal Law 210.00(1).

Perjury In The Third Degree Sentence

Third-degree perjury is a class A misdemeanor. If you are found guilty, your sentence may include a fine, up to a year in jail, and three years of probation.

Defenses

If you made a false statement but afterwards 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.

New York Penal Law § 210.05: Perjury In The Third Degree

A person is guilty of perjury in the third degree when he swears falsely.

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 Perjury In The Third Degree Case

Engaging a New York lawyer for Perjury in the Third Degree case is imperative when facing this charge. In New York, this offense involves making false statements, albeit not as severe as second-degree perjury. Nevertheless, the consequences can still be significant, including fines and potential imprisonment. A seasoned attorney experienced in New York criminal law can evaluate the evidence, identify weaknesses in the prosecution’s case, and explore potential defenses. They will zealously advocate on your behalf, striving to mitigate penalties or secure a favorable resolution. With a competent New York lawyer, you enhance your chances of safeguarding your rights and achieving a positive outcome.

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