Are you or a loved one facing a false swearing charge? If so, then this is a serious charge. In addition to potential prison time, fines, and a criminal record, it can affect your future employment or future aspirations for higher education. Moreover, you can also be facing a perjury charge as well depending on the facts of your case. This is why it is important that you speak not just with any attorney, but a criminal defense attorney. Also, please do your research before you hire just any criminal defense attorney. Here, at the Law Offices of Jonathan F. Marshall, we have the knowledge, credentials, experience and man-power to help you or your loved one facing a false swearing charge. At our Bergen County Criminal Law Firm, we have;
- Eleven (11) criminal defense attorneys on staff
- Combined together, over 200 years of experience
- Eight (8) former prosecutors on staff
- Four (4) were former county prosecutors who’ve tried high-profiled murders trials before a jury during their tenure as prosecutors
- Many held directorial positions during their tenures as former assistant county prosecutors
- One (1) was the head of the Drug, Gang, and Gun Task force
- One (1) was the head of the Major Crimes Division
- One (1) was the head of the Trial team
- Multiple attorneys selected to either the National Trial Lawyers Top 100 or Top 40 Under 40
- Two (2) attorneys selected to Thomson Reuters’ Super Lawyers Rising Stars list for criminal defense
- Only 2.5% of attorneys in New Jersey are selected to said list
- One (1) attorney certified by the Supreme Court of New Jersey as a Criminal Trial Attorney
- Less than 1% of attorneys hold this distinction in New Jersey
Please give our office a call if you or a loved one has been charged with a false swearing crime at 201-201-0086. We are available 24/7.
Hackensack False Swearing Lawyer
A false swearing charge is codified here in NJ as 2C:28-2. In order for the Bergen County Prosecutor’s Office to prove this charge beyond a reasonable doubt, they will have to meet the following elements;
- made a false statement under oath or affirmation, or
- swears or affirms the truth of a statement previously made, AND he/she does not believe the statement to be true
What about inconsistent statements?
Inconsistent statements can still be prosecuted as false swearing. The prosecutor’s office needs to prove beyond a reasonable doubt that:
- the defendant made inconsistent statements under oath or affirmation
- both having ben made during the statute of limitations
- that one statement or the other statement was false and not believed by the defendant, and
- the prosecutor does not to prove which statement was false, only that one or the other was false and not believed by the defendant to be true
Are there any affirmative defenses?
It is not a defense that the oath or affirmation was administered or taken in an irregular way. However, there is an affirmative defense if the defendant retracted the falsification in the course ofa proceeding (deposition, hearing, trial, etc.) without causing irreparable harm to any party.
Penalties for a False Swearing Charge
A false swearing charge is a crime of the fourth degree. This means that a defendant, if convicted, is facing;
- Up to eighteen (18) months in a New Jersey state prison
- Up to a $10,000.00 fine
Fort Lee Criminal Defense Attorneys
As you can tell from above, a false swearing charge can have a life altering impact on you or your loved one that is facing this type of crime. We have offices in Paramus, Hackensack, and Fort Lee. We are available 24/7, please don’t hesitate to contact us at 201-201-0086.