Piscataway Perjury Lawyer

Everybody lies, and not every lie is malicious. People lie to cheat, defraud, and hurt others, but also to spare people’s feelings or get people to like them. It is a complex part of human behavior that can be surprisingly pro-social in some contexts.

However, lying under oath—also known as perjury—is something else entirely. The entire justice system is premised on the idea that witnesses are telling the truth. Lying while testifying places all of that in jeopardy and can lead to horrific consequences, such as wrongful convictions. As a result, the state takes a very harsh approach to perjury. If you are charged with this crime, you need the help of a Piscataway perjury lawyer to understand—and defeat—those charges.

Contact our dedicated criminal defense attorneys today for a free consultation.

Understanding Perjury

It is generally not illegal to lie. However, New Jersey Statutes § 2C:28-1 makes it a crime to make any false statement while under oath or otherwise provide false evidence during a legal proceeding. There are also two related offenses—false swearing and an unsworn falsification to authorities.

To be guilty of perjury, a person must knowingly make a false statement. A mistake of fact is not the same thing as perjury, though it is a question of fact whether a person knew that the statement was false at the time that they made it.

In order to qualify as perjury, the falsification also needs to be material. Witnesses should not lie about anything when under oath, but the reality is that people lie. There are even understandable reasons that people might lie while under oath. The question becomes whether the lie is material to the evidence or the statement that the person provided. Could telling the truth have led to a different outcome? If so, then the lie is material. While a person needs to know that something is false to be guilty of a crime, they do not have to know that it was material.

They do, however, have to make a willful misrepresentation. The goal has to be to deceive or mislead the court. This can be a critical distinction in a perjury trial. For example, a sarcastic statement could be untrue and about a material fact but not made with the intent to mislead.

A Piscataway attorney could ensure that defendants understand the charge of perjury and its elements. They could then apply the facts to those elements to help develop a compelling defense.

Common Defenses to Perjury Allegations

The state has to prove every element of perjury in order to secure a conviction. However, some perjury defenses are more common than others, and a Piscataway lawyer could examine the facts to see if any of them apply. Three of the most common defenses to these charges are mistake of fact, retraction, and coerced statements.

The mistake of fact defense acknowledges that the defendant said something false, but argues that they did not know it was false at the time. This can be a tricky defense because it involves a defendant’s state of mind. Providing evidence that the defendant took actions that supported the idea that they believed their statements could help.

Lying under oath is a crime, but it is one that a defendant can often cure in the moment. Retracting a false statement during the same proceeding or matter is not always enough to support a defense against a perjury case, but it frequently is. The court will examine whether the retraction caused harm to anyone, as well as whether the initial act of perjury led to harm.

The final popular defense has to do with whether or not the falsehood was made voluntarily. A defendant might argue that they were forced, coerced, or influenced to provide false information. If that influence rose to the level of duress, it may be a defense.

Speak With a Piscataway Attorney About Your Perjury Charges

Perjury is a third-degree felony, with a potential penalty of up to $15,000 in fines and imprisonment for a term of three to five years. The judge has a substantial amount of discretion in choosing punishment. Many defendants will not face incarceration but may get probation instead.

While imprisonment is always a frightening prospect, it is not necessarily the worst consequence of a conviction. Perjury convictions may affect employability, lead to civil liability, and impact someone’s trustworthiness in other legal proceedings. These consequences can last long after the end of any official punishment. It is essential to consult a Piscataway perjury lawyer to protect yourself from those consequences. Contact us to schedule a free consultation today.