Are You At Risk For Prosecution For Perjury? Don’t hesitate. Call Us Today.

Perjury has been in the news quite a bit lately. With all of the accusations flying back and forth regarding the Muller investigation, it is important to understand what is and is not perjury. Generally speaking, perjury is making a false statement under oath.

Examples

Here are some examples of situations where you may find yourself accused of perjury:

• If you make a false statement during witness testimony that you were with a friend during the time a crime he is accused of was being committed.
• The CEO of a corporation misleads Congress about the privacy policies of the company.
• You pressure a friend into making a false statement on your behalf during a trial, and they fail to recant before the false statement impacts the trial. 

Statutes Governing Perjury In New York

Perjury, under New York law, is divided into three degrees based upon the circumstances of the crime.

Article 210 of the New York Penal Code

Article 210 of the New York Penal Code covers perjury and related offenses.

Statutory Definitions

Before getting into the various criminal degrees of perjury, it is important that you understand some statutory definitions.

Under NY PL § 210.00:

• An “oath” is inclusive of all authorized modes of attesting to the truth of a statement.
• To “swear” is to make a statement under oath.
• “Testimony” is an oral statement made under oath in a proceeding before a person or body authorized by law do so.
• An “oath required by law” is an oral or spoken instrument that would not adhere to statutory or other regulation, or would not have legal efficacy in a court of law absent a swearing thereto.
• You “swear falsely” when you intentionally make a statement that you do not believe is true (a) in the course of giving oral testimony or (b) while making a statement via the written instrument.

o   False swearing in a written instrument is not complete until it is delivered by the author, or by another acting on his/her behalf, having the intention it is spoken or published as true.

• An “attesting officer” is a notary public or other individual authorized by law to administer oaths related to depositions, affidavits, and other instruments, and to certify that the subscriber of the said instrument has sworn to the truth of the contents of the instruments in the officer’s presence.
• A “jurat” is a clause where an attesting officer certifies that the subscriber of the instrument has sworn to the truth of the contents of the instrument in the presence of the officer.

Perjury under New York law is defined as follows: 

Perjury in the Third Degree

• NY PL § 210.05
  • You are guilty of perjury in the third degree when you swear falsely.
  • Perjury in the third degree is a class A misdemeanor.
  • For example, if your state during a deposition that you were in Philadelphia on a particular date when you were in fact at a New York Giant’s home game, you may be charged with and convicted of perjury in the third degree under New York law.

Perjury in the Second Degree

• NY PL § 210.10
  • You are guilty of perjury in the second degree when you swear falsely, and the false statement is:
    • • • • Made in a written instrument requiring an oath by law,
          • Intended to mislead a servant of the public in his/her official duties; and
          • Material to the matter or proceeding.
  • Perjury in the second degree is a class E felony.
  • For example, if you swear in an affidavit that certain sums of money were spent on particular projects an attempt to deceive a state tax agent, you may be charged with and convicted of perjury in the second degree under New York law.

Perjury in the First Degree

• NY PL § 210.15
  • You are guilty of perjury in the first degree when you swear falsely, and your statement is testimonial in nature and is material to the matter or proceeding.
  • Perjury in the first degree is a class D felony.
  • For example, if you testify under oath that a man pulled a gun on your wife, when he was, in fact, unarmed and non-combative, in an attempt to establish a defense of others claim, you may be charged with and convicted of perjury in the first degree under New York law.

Federal Statutes Governing Perjury 

Perjury, under federal law, as outlined in 18 U.S.C. § 1621. Under this statute, you are guilty of perjury when you take an oath authorized by United States law and subscribe or state any material matter that you do not believe is true.

You are similarly guilty of perjury if you willfully subscribe any material matter as true in any instrument made under the penalty of perjury as defined in 28 U.S.C. § 1746, and you do not believe the subscriptions are true. This statute applies regardless of whether the subscription or statement is made inside or outside of the United States.

If you are convicted of perjury under federal law you face a fine under Title 18 of the United States Code, imprisonment not to exceed five (5) years or both. For example, if you knowingly sign an affidavit in your brother’s federal drug trafficking case stating that he was fishing with you on a day when you were out of town on a business trip, you may be charged with and convicted of perjury under federal law.

Related Offenses 

Article 210 of New York Penal Law also outlines the offenses of making an apparently sworn false statement (in the first and second degrees) and making a punishable false written statement. These related offenses under New York law are defined as follows:

Making an apparently sworn false statement in the second degree

• NY PL § 210.35
  • You are guilty of making an apparently sworn false statement in the second degree when you:
    • Endorse a written instrument knowing there is a statement that is factually false and you do not believe to be true;
    • Believe or intend for the instrument to be delivered or uttered with a jurat attached; and
    • The instrument is in fact delivered or uttered with a jurat attached.
  • Making an apparently sworn false statement in the second degree is a class A misdemeanor.
  • For example, if your boss tells you an employee was fired for stealing money from the register, and you overheard your boss openly stating he was going to fire the employee because he didn’t like the fact she wore a hijab and you make a sworn statement corroborating the boss’ account you may be charged with and convicted of making an apparently sworn false statement in the second degree under New York law.

Making an apparently sworn false statement in the first degree

•  NY PL § 210.40
  • You are guilty of making an apparently sworn false statement in the first degree when you commit the crime of making an apparently false statement in the second degree, and;
    • The written instrument requires an oath by law;
    • The false statement was made for the purpose of misleading a servant of the public in the performance of his/her official duties; and
    • The false statement is material to the matter or proceeding.
  • Making an apparently false statement in the first degree is a class E felony.
  • For example, if your boss tells you an employee was fired for stealing money from the register, and you overheard your boss openly stating he was going to fire the employee because he didn’t like the fact she wore a hijab and you make a sworn statement corroborating the boss’ account to a state employment discrimination investigator with the intent of sabotaging the investigation, you may be charged with and convicted of making an apparently sworn false statement in the first degree under New York law.

Making a punishable false written statement

• NY PL § 210.45
  • You are guilty of making a punishable false written statement when you knowingly make a false statement that you do not believe is true in a written instrument containing a notice that false statements made within are punishable under law.
  • Making a punishable false written statement is a Class A misdemeanor
  • For example, if you file a false police report alleging an NYPD officer brutalized you, you may be charged with and convicted of making a punishable false written statement under New York law. 

Who Investigates Perjury? 

In the State of New York, the Office of the Attorney General is responsible for investigating and prosecuting perjury. The Attorney General’s office has a Special Investigations and Prosecutions Unit that is normally tasked with investigating and prosecuting individuals for perjury. On the federal level, the Department of Justice is typically tasked with investigating and prosecuting perjury.

Penalties For Perjury In New York 

The penalties for perjury and related offenses vary depending on the degree of the offense. Article 210 of the New York Penal Code outlines perjury and the related crimes.

Perjury in the third degree is a class A misdemeanor.

• Punishable by up to one (1) year in prison or three (3) years of probation; and
• A fine not to exceed $1,000 or double the amount of the gain from the crime.

Perjury in the second degree is a class E felony. 

• Punishable by a maximum of four (4) years imprisonment or probation; and a fine.

Perjury in the first degree is a Class D felony.

• Punishable by a maximum of seven (7) years imprisonment or probation and a fine.

Making an apparently sworn false statement in the second degree is a class A misdemeanor. 

• Punishable by up to one (1) year in prison or three (3) years of probation; and
• A fine not to exceed $1,000 or double the amount of the gain from the crime.

Making an apparently false sworn statement in the first degree is a class E felony. 

• Punishable by a maximum of four (4) years imprisonment or probation; and a fine.

Making a punishable false written statement is a class A misdemeanor. 

• Punishable by up to one (1) year in prison or three (3) years of probation; and
• A fine not to exceed $1,000 or double the amount of the gain from the crime.

Additional Consequences Of A Perjury Conviction 

In addition to the statutory penalties faced as a result of a perjury conviction, you may face other consequences such as:

• Damage to your personal reputation
• Damage to your professional
• Damage to your business (depending on your profession)
• The investigation from the professional licensing body (depending on your profession)
• Public scorn
• Loss of credibility

Defenses To Perjury 

There are a few defenses that may be available to you when facing charges of perjury in New York. The first potential defense you may have is that the statement you made was true. In some cases, it may appear that you lied when you were, in fact, telling the truth. In some cases, the way in which a question was asked or the way you interpreted a question may cause you to face perjury charges when you were truthful.

Another possible defense is that you were mistaken. There are instances where you may believe a statement to be true, but you are genuinely mistaken if you retracted your false statement before it made a substantial impact on the proceeding and before it became apparent that the falsity of the statement would be uncovered.

With defenses potentially hinging on the phrasing of questions asked under oath, it is essential to get an experienced attorney on your side.

We Are Here To Help, Call Us Now! 

Perjury is a serious crime that can have some harsh legal consequences. With the potential for fines, probation, and even jail time having a knowledgeable lawyer can make all the difference in the world.

The justice system depends on the truthfulness of the sworn statements to function and looks harshly upon those that make false statements. Retaining counsel early on in the legal process ensures the highest likelihood of a positive outcome for you.

For any questions about perjury in New York, or to have a confidential consultation with one of our knowledgeable criminal defense attorneys, please reach out to use today. We have a nearby office that will be able to assist you.