New Jersey Section 2C:28-1 – Perjury

Perjury laws in New Jersey can be found under Section 2C:28-1 of the New Jersey Code of Criminal Justice. This section defines perjury as making a false statement under oath or affirmation that is material to an official proceeding, while not believing the statement to be true.

Perjury is a very serious crime that should’nt be taken lightly. It can carry severe penalties, including years in prison. But it’s also a complex crime that can be difficult to prove. Here’s an overview of perjury laws and defenses in New Jersey:

What Counts as Perjury in New Jersey?

Not every lie told under oath is perjury. Under 2C:28-1, a statement must meet several criteria to qualify as perjury[1]:

• The statement must be made under oath, affirmation, or sworn certification. This includes court testimony, depositions, affidavits, and other sworn statements.
• The statement must be false. It doesn’t matter whether the person knew it was false or not. As long as it’s untrue, it meets this element.
• The false statement must be “material” to the proceeding. That means it must relate to a key or important issue, not just a trivial or peripheral matter.
• The person must not believe the statement to be true. They must know they are lying or be aware that the statement could be false.
• The statement must be made during an “official proceeding.” This includes court cases, hearings, investigations, or other proceedings authorized by law where testimony is taken.

So if someone lies in court about what they had for breakfast, that wouldn’t be perjury since it’s not material. But lying about whether they witnessed a crime or other pivotal facts could be perjury.

Penalties for Perjury in New Jersey

Perjury is a third degree felony in NJ. Penalties can include[2]:

• 3-5 years in state prison
• Fines up to $15,000
• Permanent criminal record

If the perjury is committed in connection with an official proceeding involving a criminal homicide, the crime rises to a second degree felony. That increases potential prison time to 5-10 years.

Perjury convictions can also have long-lasting consequences. They may impact future job opportunities, professional licensing, and credibility in legal proceedings.

Defenses Against Perjury Charges

While perjury charges should always be taken seriously, there are defenses that an experienced attorney can raise. Common defenses include[3]:

• Lack of materiality – If the statement wasn’t material or relevant to the case, it may not qualify as perjury even if untrue.
• No intent – Without evidence the person knew the statement was false, perjury can be difficult to prove. Memory errors or misunderstandings could negate intent.
• No oath – If there is doubt whether the person was properly sworn in before making the statement, perjury may not apply.
• Confusion/Misinterpretation – If there is ambiguity around the question or statement, it weakens the perjury allegation.
• Recantation – Admitting the lie and recanting the false statement before it causes harm can be a defense.
• Mental state – Diminished mental capacity could make it impossible to form the intent required for perjury.

Perjury cases often come down to the specific facts and evidence. An attorney can carefully analyze the alleged false statement, the context it was made in, and other details to build the strongest defense.

Examples of Perjury

Some examples of acts that could lead to perjury charges include[4]:

• Lying during testimony in a criminal or civil trial
• Submitting a false affidavit or declaration to a court
• Lying during a deposition or statement made under oath
• Falsifying official documents such as tax returns, loan applications, or pleadings
• Lying to investigators, law enforcement, grand jury, or government agency during an official inquiry
• Making false statements on official forms submitted to the court or government under penalty of perjury

Even minor inconsistencies could be perjurious if they relate to material facts. That’s why it’s critical to be truthful when providing any sworn statement.

Famous Perjury Cases

Some high-profile perjury cases help illustrate how seriously courts take false statements under oath[5]:

• Roger Clemens – The baseball star was charged with perjury in 2010 for allegedly lying to Congress about using performance-enhancing drugs. He was acquitted at a second trial after the first ended in a mistrial.
• Martha Stewart – The lifestyle mogul was convicted of perjury in 2004 for allegedly lying to investigators about a stock sale. She spent five months in federal prison.
• Bill Clinton – The former president was impeached by the House in 1998 based on allegations he committed perjury during a deposition in the Paula Jones case. He was acquitted by the Senate.
• Scooter Libby – The former chief of staff to Vice President Dick Cheney was convicted of perjury in 2007 for lying to the FBI and grand jury during an investigation into leaked classified information.

These cases illustrate the legal risks of providing false sworn statements. But they also show how difficult perjury can be to prove, with verdicts going both ways.

Consequences Beyond Criminal Penalties

Even if a perjury charge doesn’t lead to a conviction, it can have serious fallout. Having a perjury arrest or conviction on your record can:

• Prevent you from obtaining certain professional licenses
• Make it difficult to find employment, especially in fields like law, finance, security, and healthcare
• Lead to suspension or disbarment for attorneys
• Cause loss of public office or termination of government employment
• Result in reputation damage and loss of credibility
• Lead to potential civil liability or other legal problems

That’s why seeking experienced legal counsel immediately is so important if facing perjury allegations. An attorney may be able to get charges reduced or dismissed, or work to mitigate penalties. They can also advise on potential collateral consequences.

When to Contact a Lawyer

If you believe you are being investigated for or could be charged with perjury, it’s essential to contact a criminal defense lawyer right away. An attorney can help by:

• Conducting an independent investigation of the alleged false statement
• Gathering evidence and interviewing witnesses to support your defense
• Negotiating with prosecutors to get charges reduced or dropped
• Defending your rights at every stage of the criminal process
• Presenting defenses like lack of intent, confusion, or recantation
• Advocating for minimal penalties if charges aren’t defeated
• Helping mitigate fallout from a conviction

Don’t take chances with your freedom and reputation. Get experienced legal help fighting perjury allegations in New Jersey. The sooner you engage a lawyer, the better positioned you’ll be.

Bottom Line

Perjury is a serious felony charge carrying substantial criminal penalties. But not every false statement made under oath qualifies as perjury under New Jersey law. With an in-depth understanding of the elements of perjury and available defenses, experienced local counsel can form an aggressive defense against allegations. If you believe you may face charges or have already been charged, contact a lawyer immediately to protect your rights. The right defense strategy can help avoid or beat a perjury conviction and reduce consequences.