What are the Penalties for Perjury?

This type of offense occurs when a person knowingly makes a false statement under a legally administered oath in any context, which is not strictly limited to courtrooms or judicial proceedings. For example, submitting a sworn affidavit with false information or lying in a notarized statement qualifies as criminal false swearing, which is a key component of false testimony. It is generally charged as a Class A misdemeanor under Penal Law §210.15, indicating a lower-level offense compared to felony perjury.

False testimony escalates to a serious felony when the falsehood occurs during official court proceedings and is material to the case outcome, directly impacting the administration of justice. If a witness lies under oath during a trial with the intent to mislead or obstruct justice, they may be prosecuted under Penal Law §210.15 (First-Degree Perjury) or §210.10 (Second-Degree Perjury), which represent serious categories of perjury. This felony category of aggravated perjury represents the most serious form of giving false testimony because it undermines the entire legal process, carrying significant potential penalties for perjury.

The alleged false statement must have been made under a legally administered oath or affirmation, establishing the formal nature of the testimony or declaration. This includes formal courtroom testimony, sworn affidavits, sworn depositions, or any document signed and notarized with a sworn declaration asserting truthfulness. Statements made casually or without a legal oath typically do not qualify as perjury because the foundation of the oath is missing, meaning no penalties for perjury would apply.

The defendant must have known the statement was false at the time of making it and must have intended to deceive or mislead the recipient. Mistaken or misunderstood statements are not sufficient for a conviction of perjury; the prosecution must demonstrate that the individual intentionally intended to deceive the court or legal authority. This element is crucial for proving criminal intent in a false testimony case before any penalties for perjury can be imposed.

This offense involves persuading, inducing, or pressuring another person to commit perjury, meaning to lie under oath. Under New York law, anyone who instructs or pressures a witness to give false testimony can be charged with the same offense, known as Subornation of Perjury, even if they do not testify themselves. This is often applied in conspiracy cases or witness tampering investigations to prevent the obstruction of justice through coerced perjury. The corresponding penalties for perjury apply to this offense as well.

Falsifying interpretation, translation, or expert reports in court or other legal contexts also falls under the broad scope of false testimony offenses. Interpreters, translators, and experts who deliberately misrepresent facts or evidence may be prosecuted under laws similar to perjury statutes, especially if their role is critical to judicial outcomes or the factual basis of the case. This specific offense ensures the integrity of all communication within the legal system against intentional misrepresentation, and carries the appropriate penalties for perjury if convicted.

While the table above indicates the maximum sentence for each charge, courts will consider various factors that may potentially reduce the actual penalties for perjury upon sentencing. These factors acknowledge situations where the defendant's conduct was less egregious or where personal circumstances warrant leniency. Judges may consider aspects such as first-time offender status, a lack of prior criminal history, the falsehood having a minimal impact on the case outcome, or genuine remorse and cooperation. Additionally, duress or coercion from external threats, or the prompt retraction or correction of the false statement, can be significant mitigating factors when determining the final sentence for false testimony and the resultant penalties for perjury. Judges may also reduce sentencing under plea agreements or grant alternative sentences such as probation, especially in misdemeanor-level offenses like False Swearing.