In the state of New Jersey, perjury is treated with utmost seriousness, carrying significant legal consequences for those found guilty. Below, we explain perjury in New Jersey, including its definition, the specific laws governing it, the penalties and defenses associated with it, and the purpose of contacting a perjury lawyer in New Jersey if you are charged with the offense.
Perjury Law In New Jersey
In New Jersey, the specific statute that governs perjury is outlined in Title 2C:28-1 of the New Jersey Statutes. According to Section 2C:28-1, a person commits perjury if they make a false statement under oath or provide false evidence during a legal proceeding.
Basically, the statute outlines the following:
- Perjury is a crime where a person is guilty if they make a false statement under oath or swear that a previously made statement is true, during an official proceeding, and they do not believe it to be true.
- The falsification is considered important (material) if it could have influenced the outcome of the proceeding or matter, regardless of whether the statement is admissible as evidence. It doesn’t matter if the person making the false statement mistakenly believed it to be unimportant. Whether something is material or not is determined by the law.
- It’s not a defense to say that the oath or affirmation was administered in an irregular manner. If a document is presented as being verified under oath or affirmation, it will be considered as such.
- It can be considered a defense if the person who made the false statement retracts it during the proceeding or matter before it ends, and this retraction doesn’t cause irreparable harm to any party involved.
- A person cannot be convicted of perjury solely based on the testimony of one person who contradicts the defendant’s statement.
Elements Of Perjury In New Jersey
To prove a perjury charge in New Jersey, several key elements must be satisfied. These include:
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False Statements: The accused must have knowingly provided false statements or evidence.
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Materiality: The false statements or evidence must be material to the issue at hand in the legal proceeding.
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Willful Intent: The accused must have acted willfully and with the intent to deceive or mislead the court.
Penalties For Perjury In New Jersey
Criminal Penalties:
Perjury is considered a third-degree crime in New Jersey. If found guilty, individuals may face severe criminal penalties, including imprisonment for a term of 3 to 5 years and fines of up to $15,000. The exact penalties imposed will depend on the specific circumstances of the case and the discretion of the judge. In some cases, instead of imprisonment, the court may sentence the offender to a term of probation. During probation, the person must comply with certain conditions and restrictions, such as regular check-ins with a probation officer.
Civil Consequences:
In addition to criminal penalties, perjury can have significant civil consequences. It can damage one’s reputation, credibility, and professional standing. Furthermore, perjured testimony can lead to wrongful convictions or unjust outcomes in legal proceedings. The consequences of perjury extend beyond the courtroom and can have long-lasting effects on various aspects of an individual’s life.
Defenses Against Perjury Charges
Lack Of Intent:
One possible defense against perjury charges in New Jersey is to demonstrate a lack of intent. If the accused can show that they did not act with the intent to deceive or provide false information, it may weaken the perjury charge. Lack of intent can be argued if there is evidence to suggest that the false statements were made inadvertently or without the knowledge of their falsity.
Retraction:
Retraction of a false statement during the proceeding or matter in which it was made does not necessarily absolve the declarant of the potential perjury charges. Once a false statement is made under oath, the act of perjury is already committed. However, it can be considered a defense if the person who made the false statement retracts it during the proceeding or matter before it ends, and this retraction doesn’t cause irreparable harm to any party involved.
Coerced Statements:
In some cases, individuals may argue that they were coerced or unduly influenced to provide false information. If the accused can establish that they were under duress or pressure that compelled them to give false testimony, it may provide grounds for a defense. However, the burden of proof lies with the accused to demonstrate the coercion or undue influence.
Perjury Attorney FAQ
How Can The Defense Argue That A Fact Is Not Material In A Perjury Case?
In a perjury case, the defense may argue that a fact presented as false is not material to the legal proceeding. Materiality refers to the significance or relevance of the false statement to the case at hand. The defense can present evidence and arguments to demonstrate that the alleged false statement did not have a substantial impact on the outcome of the proceeding. By establishing that the false statement was immaterial, the defense aims to weaken the perjury charge.
How Can Written Statements Be Considered Perjury?
Written statements can be considered perjury if they meet the criteria of the perjury offense. Similar to oral statements, written statements must be knowingly false, material to the legal proceeding, and made with the intent to deceive. When a person signs a written statement under oath, such as an affidavit, and provides false information, it can be treated as perjury if the elements of the offense are satisfied.
In What Types Of Court Proceedings Can Perjury Occur?
Perjury can occur in various types of court proceedings, including civil, criminal, and administrative cases. It can take place during trials, hearings, depositions, grand jury proceedings, or any other legal proceeding where witnesses or parties are required to provide testimony under oath. Perjury can occur in both state and federal court systems.
Is It Illegal To Incite Or Induce Someone Else To Commit Perjury?
Yes, it is illegal to incite or induce someone else to commit perjury. Knowingly encouraging, soliciting, or persuading another person to provide false information under oath with the intent to deceive the court is considered a serious offense.
Can A Person Be Charged With Perjury If They Believe Their Statement To Be True But The Prosecution Proves That They Did Not Have Actual Knowledge Of Its Truthfulness?
Yes, a person can be charged with perjury even if they genuinely believe their statement to be true. Perjury charges focus on the act of providing false information knowingly, regardless of the individual’s subjective belief in its truthfulness. If the prosecution can establish that the accused knowingly made false statements, regardless of their subjective belief, it can support a perjury charge. The intent to deceive or mislead the court is a key element in perjury cases.
Are There Federal Laws That Apply To Perjury Cases?
Yes, perjury is a federal offense that falls under the jurisdiction of federal law. The federal perjury statute, found in Title 18, Section 1621 of the United States Code, defines perjury and establishes the penalties for committing perjury in federal proceedings. Federal perjury laws apply to false statements made in federal courts, before federal agencies, or in any other matter within the jurisdiction of federal law.
How Does False Swearing Differ From Perjury In New Jersey Law?
In New Jersey law, false swearing and perjury are distinct offenses with different elements. False swearing refers to knowingly making false statements under oath or affirmation, but unlike perjury, it does not require the false statements to be material to the legal proceeding. False swearing is a fourth degree crime in New Jersey, carrying lesser penalties compared to perjury. While perjury requires materiality, false swearing focuses on the act of providing false statements under oath, regardless of their significance to the case.
NJ Perjury Attorney
If you or someone you know is facing perjury charges or other white collar crimes charges in New Jersey, it is crucial to seek legal representation from experienced criminal defense attorneys. The Law Offices of Jonathan F. Marshall specializes in handling perjury cases and has a proven track record of successfully defending clients. With their extensive knowledge of New Jersey’s perjury laws and their dedication to protecting clients’ rights, a criminal defense lawyer at the Law Offices of Jonathan F. Marshall can provide the guidance and advocacy needed to navigate the legal process effectively.
