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False Testimony in New York: Types, Legal Elements, and Penalties
False testimony in New York is a criminal offense involving the intentional delivery of untruthful statements under oath. This offense strikes at the core of judicial integrity and can result in severe penalties depending on its type and circumstances. This article explains the various classifications, statutory requirements, and possible consequences of providing false testimony in New York courts.
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1. False Testimony in New York: Legal Classifications
Under New York Penal Law Article 210, false testimony is divided into several distinct offenses based on the setting, purpose, and outcome of the false statement. Below are the main categories:
False Testimony in New York: Criminal False Swearing
This type occurs when a person knowingly makes a false statement under oath in any context, not limited to courtrooms. For example, submitting a sworn affidavit with false information or lying in a notarized statement qualifies as criminal false swearing. It is generally charged as a misdemeanor under Penal Law § 210.15.
False Testimony in New York: Aggravated Perjury in Judicial Proceedings
False testimony escalates to a felony when the falsehood occurs during official court proceedings and is material to the case outcome. If a witness lies under oath during a trial with intent to mislead or obstruct justice, they may be prosecuted under Penal Law § 210.15 or § 210.10, which govern first and second-degree perjury respectively. This category represents the most serious form of false testimony.
False Testimony in New York: Subornation of Perjury
This offense involves persuading or inducing another person to commit perjury. Under New York law, anyone who instructs or pressures a witness to lie under oath can be charged with the same offense—even if they do not testify themselves. This is often applied in conspiracy cases or witness tampering investigations.
False Testimony in New York: Fabricated Interpretation or Translation
Falsifying interpretation, translation, or expert reports in court or legal contexts also falls under the scope of false testimony. 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.
2. False Testimony in New York: Elements of the Offense
To convict someone of false testimony in New York, prosecutors must prove several essential elements:
False Testimony in New York: Sworn Oath Requirement
The false statement must have been made under a legally administered oath. This includes courtroom testimony, affidavits, depositions, or any document signed and notarized with a sworn declaration. Statements made casually or without legal oath typically do not qualify.
False Testimony in New York: Knowledge and Intent
The defendant must have known the statement was false at the time of making it. Mistaken or misunderstood statements are not sufficient for conviction. The prosecution must show that the individual intentionally intended to deceive.
False Testimony in New York: Materiality
In felony perjury cases, the falsehood must be "material" to the proceeding—meaning it could influence the outcome of a case or investigation. Trivial inaccuracies or irrelevant lies are not considered criminal perjury unless they distort the central issues.
3. False Testimony in New York: Penalties and Sentencing
The New York Penal Law outlines different levels of punishment depending on the severity of the false testimony offense:
| Offense Type | Penal Code Reference | Classification | Maximum Penalty |
|---|---|---|---|
| Perjury in the Third Degree | NYPL § 210.05 | Class A Misdemeanor | 1 year in jail |
| Perjury in the Second Degree | NYPL § 210.10 | Class E Felony | 4 years in state prison |
| Perjury in the First Degree | NYPL § 210.15 | Class D Felony | 7 years in state prison |
| Subornation of Perjury | NYPL § 215.50 or § 210 | Matching perjury tier | Equal to underlying perjury tier |
| False Swearing (general oath violation) | NYPL § 210.35 | Class A Misdemeanor | 1 year in jail |
False Testimony in New York: Mitigating Circumstances
While the penalties above indicate the maximum sentence, courts consider various factors that may reduce punishment:
- First-time offender status
- Lack of prior criminal history
- Falsehood had minimal impact on case outcome
- Genuine remorse and cooperation
- Duress or coercion from external threats
- Prompt retraction or correction of false statement
Judges may also reduce sentencing under plea agreements or grant alternative sentences such as probation, especially in misdemeanor-level offenses.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
