In New York, you can face serious penalties and sentencing for perjury charges. If you are found guilty of perjury you can be changed with a felony, be sentenced to serve time in prison, and be fined. Perjury is defined as the act of swearing falsely occurring when a person makes a false statement that he or she does not believe to be true while either giving testimony or under oath in an affidavit or deposition. If you are being charged with perjury in New York, contact an experienced Rockland County Criminal Defense Attorney who can help you understand the penalties.
What are the Different Types of Perjury Charges Are There in New York?
New York has three different types of perjury charges you can be found guilty of. If you swear falsely, you will be faced with a third-degree perjury charge. If you swear falsely and give a false statement that is made in a subscribed written instrument for which an oath is required by law, made with the intent to mislead a public servant in the performance of his official functions, and material to the action, proceeding, or matter involved; you will be facing a second-degree perjury charge. If you are found guilty of swearing falsely when a false statement consists of testimony and is material to the action, proceeding, or matter in which it is made, you will be faced with a first-degree perjury charge.
What Are the Penalties and Sentencing For Perjury in New York?
If you are found guilty of a third-degree perjury charge, you will be facing a Class A misdemeanor. You will also be facing up to one year in prison and/or a fine of up to $1,000.
If you are found guilty of a second-degree perjury charge, you will be facing a Class E felony. You are also facing up to four years (and at least one year) in prison and/or a fine of up to $5,000. If you are guilty of a first-degree perjury charge, you will be facing a Class D felony. You will be sentenced to between three to seven years in prison. You could also be fined up to $5,000.
What Are Some Defenses to Perjury Charges?
There are only a few defenses to perjury charges. The first defense is truthfulness of statement, where a witness confirms that the facts stated are true. Another defense to a perjury charge is a perjury trap. A perjury trap is when a prosecutor’s manner and method of questioning the witness’s evidence attempt to trap a witness into committing perjury rather than ascertain relevant facts. Another defense to a perjury charge is mistaken belief of fact. If you are worried about facing perjury charges, consult an attorney.
Contact our experienced Rockland County firm
Those facing criminal charges in New York need a strong criminal defense attorney who knows the ins and outs of the criminal justice system. Call today or contact The Law Office of Carl Spector online to schedule a free confidential consultation.