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Middlesex County Criminal Defense Lawyer

  • Over 200 Years of Combined Experience
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Perjury

Sayreville NJ Criminal Defense Lawyers

The Law Offices of Jonathan Marshall (home) represents individuals charged with bribery (Bribery), credit card fraud (Credit Card Fraud), check fraud (Check Fraud), insurance fraud (Insurance Fraud), and perjury throughout the State of New Jersey including in Woodbridge, Old Bridge, Edison, Piscataway, and Metuchen. Our experienced criminal defense and DWI attorneys are available immediately at 732-246-7126 to answer your questions regarding your criminal or traffic charges.

New Jersey Perjury Charges: N.J.S.A. 2C:28-1

We have all seen perjury charges discussed and glamorized on television and in the media. In New Jersey, charges for perjury are codified under N.J.S.A. 2C:28-1 which provides:

§ 2C:28-1. Perjury

a. Offense defined. A person is guilty of perjury, a crime of the third degree (Degree of Offenses in New Jersey), 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.

b. Materiality. Falsification is material, regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the proceeding or the disposition of the matter. It is no defense that the declarant mistakenly believed the falsification to be immaterial. Whether a falsification is material is a question of law.

c. Irregularities no defense. It is not a defense to prosecution under this section 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.

d. Retraction. It is an affirmative defense under this section 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.

e. Corroboration. No person shall be convicted of an offense under this section where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant.