Are you or a loved one facing a perjury charge here in New Jersey? A perjury charge, unlike other charges, can have a profound and lasting impact. In addition to facing potential jail time and a five figure fine, a perjury charge will be viewed by future employers and future applications to higher education. Having perjury charge will likely inhibit you or your loved one convicted of this charge from obtaining certain jobs in both private and public sectors. In addition to this, depending on the facts of a case, a defendant may also be charged with conspiracy. This is what it is important to hire a criminal defense attorney here in New Jersey. At the Law Offices of Jonathan F. Marshall, we have the man-power, experience, knowledge, and credentials to help you or a loved one facing a perjury charge. At our Bergen County Criminal defense 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 perjury crime at 201-201-0086. We are available 24/7.
Hackensack Perjury Charge Lawyer
As you can tell from above, a perjury charge, codified as 2C:28-1, is a serious charge. In order for the Bergen County Prosecutor’s Office to prove this charge beyond a reasonable doubt, they will have to prove:
- if in an official proceeding the defendant makes a false statement under oath or equivalent affirmation, or
- swears or affirms the truth of a statement previously made, and
- the statement is material and the defendant does not believe it to be true.
Under the statute, material means if the statement could have affected the course or outcome of the proceeding or the disposition of the matter. It is not a defense that the defendant mistakenly believed the falsification was immaterial. Materiality is a question of the law, which means it is something a judge would decide. It is also not a defense that the oath or affirmation was administered or taken in an irregular manner. A document purporting to be made under oath or affirmation at any time when the actor presents it as being verified shall be deemed to have been duly sworn or affirmed.
Defenses to Perjury
It is an affirmative defense that the defendant retracted the falsification in the course of the proceeding or matter in which it was made prior to the termination of the proceeding or matter without having caused irreparable harm to any party. In addition to this, a person cannot be convicted of this offense where the proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant.
Penalties for Perjury
What are the penalties for a perjury charge? Perjury is a third (3rd) degree felony (indictable). This means that if a defendant pleads guilty or is convicted after trial, then they can face anywhere between five (5) to three (3) years in a New Jersey state prison. Lastly, a fine of up to $15,000.00 can be imposed by a Bergen County Judge.
Fort Lee Criminal Defense Lawyers
A Perjury 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.