In court, it’s important to feel heard and validated, especially when we believe we’ve been treated unfairly. Even if you’re telling the truth, it’s never wise to embellish details or add false details to your story. A charge of perjury comes with serious consequences, and so it’s always better to win a court case based on genuine merit.
The seasoned legal team at Schwartzapfel Lawyersprides itself on fighting an honest fight for New York City workers just like you. Call us now at 516-342-2200 for a free consultation and help us create a winning strategy for you and your financial future.
What Is Perjury?
Perjury, in essence, refers to the act of willfully and knowingly lying to the court after you’ve affirmed, under oath, that you would tell the truth. Here, lying can mean either stretching the truth or intentionally misleading the court. Significantly, once under oath, you don’t need to tell an outright lie to be found guilty of perjury.
People who commit perjury often do it because they believe that lying will keep themselves or someone they care about out of trouble. In reality, it never works out that way. There are many circumstances where telling the truth will lead to fewer consequences than committing perjury.
Is Perjury A Felony?
Perjury is a crime, and telling the truth in court is vital. Court decisions have the ability to take freedoms away from people or cost them their financial livelihoods. If you have a criminal or civil case in court, it’s mandatory to be honest. If a decision is made based on a lie or if you attempt to sway the court with a lie, you can face jail time.
In New York State, there are severe penalties for being convicted of perjury. In point of fact, you can serve up to seven (7) years in jail and the court may order you to pay thousands of dollars in fines if you are found guilty of intentionally lying under oath.
Third-Degree Perjury
Third-degree perjury is the simplest form of perjury. Anyone who knowingly makes a false statement under oath can be charged with third-degree perjury, even if their statement turns out to be inconsequential or unimportant.
Third degree perjury is a Class A misdemeanor, which is the most serious type of misdemeanor. If convicted, you may face up to one (1) year in jail and/or a fine of up to $1,000. If you have no criminal history, you’re more likely to be fined than incarcerated.
Second-Degree Perjury
Second-degree perjury occurs when you make a written false statement with the intent of lying to an official, and that false statement has the potential to impact the outcome of an official matter or court case.
Second-degree perjury is a Class E felony, which is punishable by at least one (1) year in prison or as many as four (4) years in prison. You may receive a $5,000 fine in addition to incarceration or instead of incarceration, depending on your criminal background.
First-Degree Perjury
First-degree perjury occurs when someone knowingly lies while providing testimony and the lie they told is about an important fact of the case.
First-degree perjury is a Class D felony. If convicted of first-degree perjury, you may be sentenced to three (3) to seven (7) years in prison. Prison time may come with a fine of up to $5,000. In some cases, a fine may be ordered instead of prison time.
The main reason the penalties are so severe is to heavily dissuade people from committing perjury. Just one person’s perjury can ruin an entire court case or send an innocent person to prison for life. It’s a serious ordeal; no matter your intentions, you should never lie under oath.
For more on this and related topics, call Schwartzapfel Lawyers now at 516-342-2200 or schedule your free consultation with us online today.
Where And How Can Perjury Be Committed?
Perjury is most commonly associated with giving court testimony. When you testify in court, you’re under oath. The oath you take means that you’re swearing to tell the truth to the best of your ability and that if you don’t, you acknowledge that you might experience a criminal penalty for lying on the witness stand.
Perjury applies to more than just witness testimony. Any formal statement you give under oath, including official written statements, must be true. Signing a legal document that contains information you know to be untrue is also considered perjury.
Are You Still Committing Perjury If You Didn’t Know You Were Inaccurate?
It’s possible to unknowingly present false information in court. You may have been led to believe that something was true, even if it wasn’t. It’s easy to innocently mix up details like a date or day of the week, especially if you’re being asked about something that happened a long time ago.
As such, you can only commit perjury if you knowingly and intentionally provide false information in a legal proceeding. Moreover, the state is unlikely to pursue perjury charges against you if it’s readily apparent how the situation could have been an honest mistake or a case of misremembering a fact.
The state is only interested in pressing charges for perjury if they have evidence that you presented false information intentionally. For example, if you claimed to be a witness to an event but the state uncovers security footage of the event, and you aren’t in it, they may have reason to believe that you purposefully lied.
What Should I Do If My Employer Is Pressuring Me To Commit Perjury?
If your employer is under legal scrutiny, you should know that they cannot legally pressure you to testify on their behalf. It’s against the law for your employer to coach you to lie for them in court or to deliberately interfere with an investigation against them. If your employer asks you to do something illegal, know that you’re fully protected by the law. As such, you should contact the Department of Labor as soon as possible to explain the situation to them.
In most cases, you’ll be awarded whistleblower protection for having come forward. Remember, it’s illegal for your employer to fire you for refusing to break the law.
And so, if your employer is pressuring you to lie by dropping a claim against them or to stop you from filing a claim against them, don’t wait until it’s too late. Instead, call Schwartzapfel Lawyersat 516-342-2200 immediately.
What If I’m Worried No One Will Believe Me In Court?
Some people commit perjury because they’re afraid that the truth isn’t compelling enough. If you have a seasoned attorney like the ones at Schwartzapfel Lawyers working on your case, the truth will suffice. We’ll carefully gather enough truthful evidence to support your retelling of the events exactly as they happened.
For example, if you were involved in a workplace heavy machinery accident, there’s no need to embellish the details. You don’t need to go above and beyond in your description of your injuries or the circumstances under which the injury occurred.
Moreover, the jury doesn’t need to hear an exaggerated story about the machine blowing up or about how you fear you’ll never walk again. If your story seems embellished or exaggerated, a jury is likely to find you less credible. They’ll wonder how much of what you’re saying is actually true rather than discounting individual details. In this way, you can damage your credibility as a witness.
As well, you only need an adequate amount of supporting evidence to prove you were injured at work. Medical records, photos, videos, testimony from coworkers, and your realistic account of the events will generally suffice if professionally gathered and organized by a competent attorney.
What Should I Do If I’ve Been Charged With Perjury?
If you’ve been charged with perjury or you believe you may be charged with perjury, you don’t have to say anything to the police. Be polite: Confirm your name and allow them to see your identification. Then, decline to speak to them without a seasoned lawyer present, no matter what they’re attempting to ask you.
In short, call a skilled criminal defense attorney first and never speak to law enforcement without your qualified attorney present.
Finding The Honest Representation You Deserve
At Schwartzapfel Lawyers, we believe in doing things the right way. Our award-winning attorneys are so experienced that there’s no need for anyone to exaggerate the truth. We’ll be able to create a compelling case out of truthful evidence.
So, please, if you need an experienced personal injury attorney in New York City, call us now at 516-342-2200 for a free consultation and so much more. Whether in or out of court, we are always fighting for you!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
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