1. Attorney for Perjury Charges in New York: Understanding the Offense
Perjury occurs when a person makes a false statement under oath in a legal proceeding, knowing the statement is untrue and intending to deceive. New York Penal Law § 210.15 defines perjury in the third degree as making a false statement under oath with the knowledge that the statement is false. An attorney for perjury charges recognizes that prosecutors must prove several elements beyond a reasonable doubt, including that you made the statement, understood the oath's significance, and knew the statement was false when made. The burden of proof rests entirely on the prosecution, and any reasonable doubt about your intent or knowledge can result in acquittal.
Elements of Perjury under New York Law
Prosecutors must establish specific elements to convict someone of perjury. These include proving that you took an oath or made an affirmation before an authorized official, that you made a statement you knew was false, and that you intended to deceive. Additionally, the false statement must have been material to the proceeding, meaning it could have affected the outcome or was relevant to the matter at hand. An experienced attorney for perjury charges will scrutinize each element and identify weaknesses in the prosecution's case. For instance, if the statement was not material or if you reasonably believed the statement was true, a skilled defense attorney can argue for dismissal or acquittal.
Degrees of Perjury in New York
New York recognizes different degrees of perjury based on the circumstances and consequences. Perjury in the third degree is a Class E felony, perjury in the second degree is a Class D felony, and perjury in the first degree is a Class B felony. The degree depends on factors such as whether the false statement was made in a trial or hearing, whether it concerned a material fact, and whether the perjury affected the outcome of the proceeding. An attorney for perjury charges will analyze the specific charges against you and determine the appropriate defense strategy based on the degree and circumstances of your case.
2. Attorney for Perjury Charges in New York: Building Your Defense Strategy
A robust defense against perjury charges requires thorough investigation and strategic planning. Your attorney for perjury charges will examine the context of your statement, challenge the credibility of witnesses who claim you lied, and present evidence supporting your truthfulness or reasonable belief in the accuracy of your statement. Common defense strategies include demonstrating that you did not knowingly make a false statement, that the statement was not material to the proceeding, or that you lacked the specific intent required for conviction. Additionally, your attorney may argue that the statement was ambiguous, that you misunderstood the question, or that you relied on information you reasonably believed to be accurate at the time.
Investigating Witness Credibility and Evidence
A critical aspect of defending perjury charges involves examining the credibility of witnesses who testify against you. Your attorney for perjury charges will cross-examine prosecution witnesses to reveal inconsistencies, bias, or motivation to fabricate testimony. Discovery materials, including prior statements, documents, and communications, can reveal contradictions that undermine the prosecution's case. Additionally, your attorney may retain expert witnesses to testify about memory, perception, or the context in which your statement was made. By thoroughly investigating the evidence and witness statements, your attorney can identify reasonable doubt and present a compelling defense at trial.
Challenging the Materiality of Your Statement
For a perjury conviction, the false statement must have been material to the proceeding. Your attorney for perjury charges can argue that the statement was not material, meaning it could not have affected the outcome or was peripheral to the central issues. If the prosecution fails to prove materiality beyond a reasonable doubt, the charges may be dismissed or reduced. Additionally, your attorney may demonstrate that the statement, while inaccurate, was not sufficiently false to constitute perjury or that ambiguity in the question made your response reasonable under the circumstances.
3. Attorney for Perjury Charges in New York: Related Charges and Collateral Consequences
Perjury charges often arise in contexts involving other criminal allegations, such as forgery defense attorney matters or fraud cases. False statements made in financial transactions or documents can lead to multiple charges, including forgery, fraud, or bad check charges. Beyond criminal penalties, a perjury conviction carries collateral consequences affecting employment, professional licenses, housing, and immigration status. An attorney for perjury charges will address not only the criminal charges but also the long-term impact on your life, working to minimize or eliminate these collateral consequences through plea negotiations or trial defense.
Consequences of a Perjury Conviction
| Consequence Type | Potential Impact |
|---|---|
| Criminal Penalties | Imprisonment ranging from one to seven years depending on the degree of perjury |
| Financial Penalties | Fines up to five thousand dollars or more |
| Professional Licenses | Suspension or revocation of professional licenses for attorneys, healthcare providers, and other regulated professions |
| Employment | Difficulty obtaining employment due to criminal record and loss of professional credentials |
| Immigration Status | Deportation or denial of citizenship for non-citizens convicted of perjury |
| Civil Liability | Potential civil lawsuits from parties harmed by your false testimony |
Mitigating Collateral Consequences
An experienced attorney for perjury charges understands how to negotiate plea agreements that minimize collateral consequences or pursue defenses that protect your professional and personal standing. Through careful case management and strategic advocacy, your attorney can work toward outcomes that preserve your employment, professional licenses, and future opportunities. In some situations, your attorney may seek record sealing or expungement after conviction to reduce the long-term impact on your life and career prospects.
4. Attorney for Perjury Charges in New York: Prosecution Process and Your Rights
Understanding the criminal justice process is essential when facing perjury charges. After arrest, you have the right to be informed of the charges, to have an attorney present during questioning, and to bail consideration. Your attorney for perjury charges will ensure that all your constitutional rights are protected throughout the investigation and prosecution. This includes challenging unlawful searches or seizures, suppressing improperly obtained statements, and demanding discovery of all evidence the prosecution intends to use. Additionally, your attorney will represent you at arraignment, preliminary hearings, and trial, advocating for your interests at every stage.
Key Rights and Protections
- Right to remain silent and refuse to answer questions without an attorney present
- Right to an attorney, with court appointment if you cannot afford one
- Right to bail or release on your own recognizance pending trial
- Right to examine and challenge all evidence the prosecution intends to use
- Right to confront and cross-examine prosecution witnesses
- Right to present your own evidence and witnesses at trial
- Right to appeal a conviction if legal errors occurred during trial
Your attorney for perjury charges will guide you through each stage of the process, explain your options, and advocate for the best possible outcome. From initial investigation through trial and appeal, your attorney serves as your advocate, protecting your rights and pursuing every available defense strategy. If you face perjury charges in New York, contact an experienced attorney immediately to discuss your case and begin building your defense.
10 Feb, 2026
