Perjury/False Swearing/Unsworn Falsification

New Jersey False Statements

Criminal Defense Attorney

Being charged with Perjury or False Swearing can be stressful and overwhelming. A conviction for Perjury or False Swearing can have devastating consequences including jail or prison time. It can also impact employment, housing, finances, education, reputation, and relationships. Because of this, it is crucial to have an experienced, skilled, and aggressive attorney by your side.

Ms. Denholtz is a fierce criminal defense trial attorney with over a decade of experience. Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of Perjury or False Swearing. With a proven track record of success, Ms. Denholtz has handled approximately 1,500 felony-level cases to conclusion.

Ms. Denholtz handles her cases with exacting attention to detail and works tirelessly to ensure her clients receive the best possible outcome for their individualized situation. At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves. If you or a loved one are facing Perjury or False Swearing charges, Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

Perjury

(N.J.S.A. 2C:28-1)

Perjury: Under N.J.S.A. 2C:28-1, a person is guilty of perjury if in any official proceeding he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the statement is material and he does not believe it to be true.

3rd Degree Offense: Perjury is a 3rd degree offense which is punishable by up to 5 years in New Jersey State Prison.
"Materiality": Falsification is material, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the proceeding or the disposition of the matter. Whether falsification is “material” is a question of law. It is not a defense that the declarant mistakenly believed the falsification to be immaterial.
Irregularities Not a Defense: It is not a defense to prosecution for perjury that the oath or affirmation was administered or taken in an irregular manner. A document purporting to be made upon oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.
Retraction: It is an affirmative defense that the actor 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.
Corroboration: No person shall be convicted of an offense of perjury where proof of the falsity rests solely upon contradiction by testimony of a single person other than the defendant.

False Swearing

(N.J.S.A. 2C:28-2)

False Swearing: Under N.J.S.A. 2C:28-2(a), a person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true, is guilty of false swearing.

4th Degree Offense: False swearing is a 4th degree offense which is punishable by up to 18 months in New Jersey State Prison.
Irregularities Not a Defense: Under N.J.S.A. 2C:28-2(b), it is not a defense to prosecution for perjury that the oath or affirmation was administered or taken in an irregular manner. A document purporting to be made upon oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.
Retraction: Under N.J.S.A. 2C:28-2(b), it is an affirmative defense that the actor 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.
Inconsistent Statements: Under N.J.S.A. 2C:28-2(c), where the defendant made inconsistent statements under oath or equivalent affirmation, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other was false and not believed by the defendant to be true.

Unsworn Falsification to Authorities

(N.J.S.A. 2C:28-3)

Statements “Under Penalty”: Under N.J.S.A. 2C:28-3(a), a person commits a crime if he makes a written false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.

4th Degree Offense: Unsworn falsification to authorities under N.J.S.A. 2C:28-3(a) is a crime in the 4th degree which is punishable by up to 18 months in New Jersey State Prison.

Other Unsworn Falsification Offenses: Under N.J.S.A. 2C:28-3(b), a person commits an offense if, with the purpose to mislead a public servant from performing his function, he:

False Written Statement: Makes any written false statement which he does not believe to be true.
False Impression for Monetary Gain or Other Benefit: Purposely creates a false impression in a written application for any pecuniary or other benefit, by omitting information necessary to prevent statements therein from being misleading.
Submits Inauthentic Writing: Submits or invites reliance on any writing which he knows to be forged, altered, or otherwise lacking in authenticity.
Invites Reliance on Other False Info: Submits or invites reliance on any sample, specimen, map, boundary-mark, or other object which he knows to be false.
Disorderly Persons Offense: Under N.J.S.A. 2C:28-3(b), unsworn falsification is a disorderly persons offense which is punishable by up to 6 months in jail.
Irregularities Not a Defense: Under N.J.S.A. 2C:28-3(c), it is not a defense to prosecution for perjury that the oath or affirmation was administered or taken in an irregular manner. A document purporting to be made upon oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.
Retraction: Under N.J.S.A. 2C:28-3(c), it is an affirmative defense that the actor 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.
Inconsistent Statements: Under N.J.S.A. 2C:28-3(c), where the defendant made inconsistent statements under oath or equivalent affirmation, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other was false and not believed by the defendant to be true.

Contact a New Jersey Perjury

Lawyer for a Free Consultation

If you or a loved one are facing criminal charges, it is crucial to hire an experienced criminal defense attorney. At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation. No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation. Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.