Perjury Sentence in New York
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Perjury Sentences in New York: What You Need to Know
At Spodek Law Group, we understand that facing perjury charges can be an incredibly stressful and overwhelming experience. The potential consequences of a perjury conviction in New York are serious, and navigating the legal system can feel like walking through a minefield. But you don’t have to go through this alone. Our experienced attorneys are here to guide you every step of the way and fight for the best possible outcome in your case.
What Exactly is Perjury?
Before we dive into the nitty-gritty of perjury sentences, let’s break down what perjury actually means under New York law. In simple terms, perjury occurs when someone knowingly makes a false statement while under oath or in a sworn affidavit. But as with many legal concepts, the devil is in the details.There are actually three different degrees of perjury in New York:
- Perjury in the Third Degree: This is the least serious form of perjury. It involves making any false statement under oath, regardless of how important that statement is to the case at hand.
- Perjury in the Second Degree: This ups the ante a bit. It involves making a false statement in a written instrument (like an affidavit) for which an oath is required by law, with the intent to mislead a public servant in their official duties. The false statement must also be material to the case.
- Perjury in the First Degree: This is the most serious perjury charge. It involves giving false testimony under oath about a material fact in a case. Essentially, it’s lying about something important while on the witness stand.
Now, you might be thinking, “Okay, but what‘s the difference between a ‘material’ and ‘non-material’ fact?” GREAT QUESTION! A material fact is one that could potentially influence the outcome of the case. For example, if you’re testifying in a murder trial and lie about what you had for breakfast that day, that‘s probably not material. But if you lie about seeing the defendant at the scene of the crime? That’s definitely material.
Perjury Sentences: The Harsh Reality
Alright, let‘s get down to brass tacks. What kind of sentences are we looking at for perjury convictions in New York? Well, it depends on the degree of perjury you‘re charged with. Here’s a breakdown:
| Degree of Perjury | Classification | Maximum Sentence | Maximum Fine |
|---|---|---|---|
| Third Degree | Class A Misdemeanor | Up to 1 year in jail | Up to $1,000 |
| Second Degree | Class E Felony | Up to 4 years in prison | Up to $5,000 |
| First Degree | Class D Felony | Up to 7 years in prison | Up to $5,000 |
Now, before you start panicking, remember that these are MAXIMUM sentences. The actual sentence you receive if convicted will depend on a variety of factors, including:
- Your prior criminal history (or lack thereof)
- The specific circumstances of your case
- The skill of your defense attorney (hint: that’s where we come in!)
It’s also worth noting that for second and first degree perjury, there are minimum sentences as well. For second degree, it’s at least 1 year in prison, and for first degree, it’s at least 3 years.
But Wait, There’s More! (Unfortunately)
As if the potential jail time and fines weren‘t enough, a perjury conviction can have other serious consequences:
- A Permanent Criminal Record: Unlike some minor offenses that can be sealed or expunged, a felony perjury conviction will stay on your record for life. This can make it difficult to find employment, housing, or even get certain professional licenses.
- Loss of Professional Licenses: Speaking of professional licenses, many professions (like law, medicine, and teaching) have ethical standards that prohibit felony convictions. A perjury conviction could mean losing your career.
- Immigration Consequences: For non-citizens, a perjury conviction could lead to deportation or make it impossible to obtain citizenship.
- Loss of Voting Rights: In New York, you lose your right to vote while incarcerated for a felony conviction. You can regain this right once you’re released, but it’s still a significant civil penalty.
- Damage to Reputation: Let’s face it, being known as a liar isn’t great for your personal or professional relationships.
Defenses Against Perjury Charges
Now, don’t lose hope! Just because you’ve been charged with perjury doesn‘t mean you’ll be convicted. There are several potential defenses we can explore:
- Lack of Intent: Perjury requires KNOWINGLY making a false statement. If you genuinely believed your statement was true at the time, even if it turned out to be false, that’s not perjury.
- Immateriality: Remember how we talked about material facts earlier? If the false statement wasn’t material to the case, it might not qualify as second or first degree perjury.
- Recantation: In some cases, if you correct your false statement before it substantially affects the proceeding and before it becomes obvious that the falsity would be exposed, you may have a defense.
- Perjury Trap: This is a tricky one, but sometimes prosecutors might try to set up a situation where you’re likely to commit perjury. If we can prove this was the case, it could be a valid defense.
- Constitutional Violations: If your rights were violated during the investigation or arrest process, we might be able to get certain evidence thrown out.
At Spodek Law Group, we’ll carefully examine every aspect of your case to determine the best defense strategy. We‘re not afraid to think outside the box and get creative when it comes to protecting our clients’ rights.