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NJ Perjury Lawyer In New Jersey
|Last Updated on: 26th September 2023, 05:15 pm
NJ Perjury Lawyer
Being charged with perjury in New Jersey is a serious offense that calls for experienced criminal defense representation. Perjury refers to the crime of intentionally lying under oath in an official proceeding. An experienced New Jersey perjury lawyer can advise on possible defenses and strategies to fight the charges.
New Jersey Perjury Laws
New Jersey’s perjury law is contained in N.J. Statute 2C:28-1. The key elements of perjury are:
- Making a false statement
- The statement is material to the proceeding
- The person knows the statement is false
- The statement is made under oath in an official proceeding
Perjury is a third degree crime punishable by 3-5 years imprisonment and fines up to $15,000[1].
When Perjury Charges Apply
Prosecutors pursue perjury charges when someone intentionally lies about important facts after swearing to tell the truth. This includes lying:
- In court testimony
- In affidavits or certifications
- In written statements under penalty of perjury
- During depositions under oath
- In grand jury proceedings
The false statement must be material – related to significant issues in the case rather than peripheral details.
Perjury Defenses
A skilled New Jersey perjury lawyer will evaluate possible defenses including[2]:
- Lack of intent – the false statement was an honest mistake.
- Statement was opinion or belief, not asserted as fact.
- Statement was not material enough to affect the proceeding.
- Lack of supporting evidence – no corroborating proof of falsity.
- Mental incapacity – did not understand the oath due to disability.
Raising reasonable doubt about any required elements could lead to acquittal.
Penalties Upon Conviction
Potential penalties for perjury in New Jersey include[3]:
- 3-5 years in state prison
- Up to $15,000 in fines
- Restitution for financial losses
- Probation for up to 5 years
- Permanent criminal record
These severe consequences demonstrate the need for an aggressive legal defense.
Related Charges
Perjury charges may accompany other related allegations like[4]:
- False swearing
- Obstruction of justice
- Witness tampering
- False statements
- False declarations
Skilled perjury counsel can defend against these connected charges as well.
Ethical Considerations
Attorneys face ethical dilemmas when a client wants to commit perjury. Counsel cannot knowingly present false testimony but also cannot disclose confidential information. Refusing to cooperate may be necessary[5].
Selecting a Perjury Lawyer
Key traits to seek in a New Jersey perjury lawyer include[6]:
- Experience with perjury and similar charges
- Knowledge of state laws and courtroom procedures
- Ability to conduct in-depth investigations
- Skill at developing defense strategies
- Talent advocating persuasively in court
- Record of favorable case results
An experienced trial lawyer can carefully prepare a defense targeting weaknesses in the prosecution’s case.
Conclusion
Facing perjury allegations can derail careers, livelihoods and reputations. But an experienced New Jersey criminal defense lawyer can advise on potential defenses and build an aggressive case against the charges. With skilled representation, some clients manage to avoid perjury convictions despite making questionable statements.
Citations
[1] Perjury in New Jersey – N.J.S.A. 2C:28-1
[4] New Jersey Perjury Laws – FindLaw
[5] Ethical Obligations of a Lawyer When His Client Has Committed or Intends to Commit Perjury
[6] When to Hire a Criminal Defense Lawyer