Can a Criminal Defense Lawyer Help with Perjury Charges in New York?

By Spodek Law Group
July 8, 2024
10 min read
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Can a Criminal Defense Lawyer Help with Perjury Charges in New York?

If you're facing perjury charges in New York, you're probably feeling scared and overwhelmed. We get it. Perjury is a serious offense that can have severe consequences for your future. But here's the good news - with the right legal representation, you CAN fight these charges and protect your rights. At Spodek Law Group, we've helped countless clients successfully defend against perjury accusations. Let us put our experience to work for you.

What Exactly is Perjury in New York?

Before we dive into how we can help, let's break down what perjury actually means under New York law. In simple terms, perjury is lying under oath. But there's a bit more to it than that.New York recognizes three degrees of perjury:
  1. Perjury in the Third Degree (NY Penal Law § 210.05): This occurs when you make a false statement that you don't believe is true while giving testimony or in a sworn written instrument. It's a Class A misdemeanor.
  2. Perjury in the Second Degree (NY Penal Law § 210.10): This involves making a materially false statement in a written instrument intended to mislead a public servant. It's a Class E felony.
  3. Perjury in the First Degree (NY Penal Law § 210.15): This is when you make a materially false statement while giving testimony. It's the most serious form of perjury and is classified as a Class D felony.
The key elements prosecutors need to prove for a perjury conviction are:
  • You made a false statement
  • You knew the statement was false when you made it
  • The statement was material to the matter at hand
  • You made the statement under oath or in a sworn document
Here's a quick breakdown of the potential penalties for each degree of perjury in New York:
Degree of Perjury Classification Maximum Jail Time Maximum Fine
Third Degree Class A Misdemeanor Up to 1 year Up to $1,000
Second Degree Class E Felony Up to 4 years Up to $5,000
First Degree Class D Felony Up to 7 years Up to $5,000
As you can see, even the "least serious" form of perjury carries the possibility of jail time. That's why it's CRUCIAL to have an experienced criminal defense attorney on your side if you're facing these charges.

How Can a Criminal Defense Lawyer Help with Perjury Charges?

Now that we've covered the basics, let's talk about how we at Spodek Law Group can help you fight perjury charges. Our team of skilled attorneys has extensive experience defending clients against all types of criminal charges, including perjury. Here's how we can assist you:

1. Analyzing the Evidence

The first thing we'll do is thoroughly examine all the evidence against you. We'll look for any weaknesses in the prosecution's case and explore potential defenses. Some questions we'll consider include:
  • Was your statement actually false, or just a misunderstanding?
  • Did you genuinely believe your statement was true when you made it?
  • Was the alleged false statement material to the case, or just a minor detail?
  • Were you properly placed under oath before making the statement?
By carefully scrutinizing every aspect of the case, we can often find flaws in the prosecution's arguments.

2. Building a Strong Defense Strategy

Based on our analysis of the evidence, we'll develop a tailored defense strategy for your case. Some potential defenses against perjury charges include:
  • Lack of intent: You didn't intentionally make a false statement. Maybe you were confused, misremembered, or simply misspoke.
  • Immateriality: The alleged false statement wasn't material to the case at hand.
  • Recantation: You corrected your false statement before it could substantially affect the proceeding.
  • Perjury trap: You were deliberately led into making a false statement by misleading or confusing questioning.
We'll work closely with you to determine the best approach for your unique situation.

3. Negotiating with Prosecutors

In many cases, we may be able to negotiate with prosecutors to have the charges reduced or dismissed. Our attorneys have strong relationships with local prosecutors and know how to effectively advocate for our clients. We might be able to:
  • Get the charges dropped entirely if there's insufficient evidence
  • Negotiate a plea deal for a lesser offense
  • Arrange for alternative sentencing options like community service or probation instead of jail time

4. Representing You in Court

If your case does go to trial, you can count on us to provide aggressive representation in the courtroom. We'll challenge the prosecution's evidence, cross-examine witnesses, and present a compelling case in your defense. Our trial attorneys are known for their skill and tenacity - we'll fight tirelessly to protect your rights and freedom.

5. Guiding You Through the Legal Process

Facing criminal charges can be confusing and intimidating. We'll be there to guide you every step of the way, explaining your rights and options in clear, simple terms. We'll make sure you understand what's happening at each stage of your case and help you make informed decisions about how to proceed.

Real-World Example: How We've Helped Clients Beat Perjury Charges

Let's look at a hypothetical example to illustrate how we might approach a perjury case:John was called to testify in his friend's divorce proceedings. When asked about his friend's assets, John stated under oath that he wasn't aware of any offshore bank accounts. Later, it came to light that John's friend did have a secret account in the Cayman Islands, and John had helped him set it up years ago. John was charged with perjury in the first degree.Here's how we might handle John's case:
  1. We'd first examine whether John truly remembered the offshore account when he testified. If he had genuinely forgotten about it, we could argue lack of intent to commit perjury.
  2. We'd investigate whether John's statement about the offshore account was actually material to the divorce proceedings. If it didn't significantly impact the case, we could argue immateriality.
  3. We'd look into the circumstances of John's testimony. Was he properly placed under oath? Were the questions clear and unambiguous?
  4. If the evidence against John was strong, we might negotiate with prosecutors for a plea deal to a lesser charge, potentially avoiding jail time.
  5. If the case went to trial, we'd aggressively challenge the prosecution's evidence and present our own witnesses to support John's defense.
Through careful investigation and skilled legal maneuvering, we've helped many clients like John avoid conviction or minimize the consequences of perjury charges.

Why Choose Spodek Law Group for Your Perjury Defense?

When you're facing serious criminal charges like perjury, you need a law firm with the experience, resources, and dedication to fight for your rights. Here's why Spodek Law Group is the right choice:
  • Extensive Experience: We've been defending clients against criminal charges for decades. There's no situation we haven't seen before.
  • Aggressive Advocacy: We're known for our tenacious approach to defending our clients. We'll fight tirelessly to protect your rights and freedom.
  • Personalized Attention: You're not just another case number to us. We'll take the time to understand your unique situation and develop a tailored defense strategy.
  • Proven Track Record: We have a long history of successful outcomes for our clients, including dismissals, acquittals, and favorable plea deals.
  • 24/7 Availability: Legal emergencies don't always happen during business hours. We're available around the clock to assist you.

Don't Face Perjury Charges Alone - Contact Us Today

If you're facing perjury charges in New York, don't wait to get legal help. The sooner you contact us, the sooner we can start building your defense. Remember, anything you say to law enforcement can be used against you, so it's crucial to have an attorney by your side from the very beginning.At Spodek Law Group, we offer free initial consultations to discuss your case and explain how we can help. Don't let perjury charges derail your life - let us fight for you.Call us now at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule your free consultation. Your future is too important to leave to chance - trust the experienced attorneys at Spodek Law Group to protect your rights and freedom.

Frequently Asked Questions About Perjury Charges in New York

Here are some common questions we hear from clients facing perjury charges:

Q: Can I go to jail for perjury in New York?

A: Yes, perjury convictions in New York can result in jail time. The potential sentence depends on the degree of perjury you're charged with, ranging from up to 1 year for third-degree perjury to up to 7 years for first-degree perjury.

Q: What if I made a mistake and didn't intentionally lie?

A: Intent is a key element of perjury. If you genuinely believed your statement was true when you made it, even if it turned out to be false, you may have a strong defense against perjury charges.

Q: Can I retract a false statement to avoid perjury charges?

A: In some cases, yes. New York law recognizes a defense of recantation if you correct your false statement before it substantially affects the proceeding and before it becomes manifest that the falsity would be exposed.

Q: Will a perjury conviction affect my professional license?

A: Potentially, yes. Many professional licensing boards consider criminal convictions, especially those involving dishonesty, when making licensing decisions. A perjury conviction could jeopardize your professional license or make it difficult to obtain one in the future.

Q: Can I be charged with perjury for lying on a job application?

A: Generally, no. Perjury charges typically apply to false statements made under oath or in sworn documents. However, lying on a job application could have other legal consequences, such as fraud charges.

Q: How long does the prosecution have to bring perjury charges?

A: In New York, the statute of limitations for perjury is generally 5 years for felony perjury and 2 years for misdemeanor perjury. However, there are exceptions that can extend this time frame.Remember, every case is unique, and the best way to get accurate answers about your specific situation is to consult with an experienced criminal defense attorney. At Spodek Law Group, we're always here to answer your questions and provide the guidance you need.

Conclusion: Don't Let Perjury Charges Ruin Your Future

Facing perjury charges can be a frightening experience, but you don't have to go through it alone. With the right legal representation, you CAN fight these charges and protect your rights and freedom.At Spodek Law Group, we have the experience, skills, and dedication to provide you with a strong defense against perjury charges. We'll work tirelessly to investigate your case, challenge the prosecution's evidence, and fight for the best possible outcome.Remember, the consequences of a perjury conviction can be severe and long-lasting. Don't take chances with your future - trust the experienced criminal defense attorneys at Spodek Law Group to protect your rights.Ready to take the first step towards defending yourself against perjury charges? Call us now at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule your free consultation. We're available 24/7 to help you navigate this challenging time and fight for your future.Don't let perjury charges define your life. With Spodek Law Group on your side, you can face these charges with confidence, knowing you have a team of skilled attorneys fighting for you every step of the way. Contact us today and let us help you move forward.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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