Truthfulness matters in our legal system. Lying under oath, also known as perjury, is a serious crime that undermines justice. If you’ve been accused of perjury in the third degree in New York, you need to understand the law and possible penalties to build an effective defense.
What is Perjury in the Third Degree?
Under New York Penal Law 210.05, a person commits perjury in the third degree when they intentionally make a false statement while under oath[1]. This includes lying:
- In court testimony
- In a deposition under oath
- In an affidavit or written statement made under penalty of perjury
The false statement must be about a material fact relevant to the proceeding. Simple mistakes generally don’t qualify as perjury[2].
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(212) 300-5196Penalties if Convicted of Perjury
Perjury in the third degree is a Class A misdemeanor in New York. Potential penalties include[3]:
- Up to 1 year in jail
- Up to $1,000 in fines
- A permanent criminal record
While probation is also possible, jail time can result for serious cases that undermine legal proceedings.
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Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Defending Against Perjury Charges
Viable defenses against NY Penal Law 210.05 charges include[4]:
During a contentious custody hearing in Manhattan Family Court, you provided sworn testimony about your income that contradicted your recent tax returns. The opposing attorney flagged the discrepancy, and now the district attorney's office has contacted you about potential perjury charges.
Can I really be charged with perjury just for giving inaccurate testimony about my finances during a family court proceeding?
Under New York Penal Law 210.05, perjury in the third degree is a Class A misdemeanor that occurs when a person swears falsely in any material statement that he or she does not believe to be true. The prosecution must prove you knowingly made a false statement under oath, not merely that you were mistaken or inaccurate — intent is a critical element. A conviction carries up to one year in jail, three years of probation, and a permanent criminal record that could severely impact your custody case. An experienced defense attorney can challenge whether your statement was actually "material" to the proceeding, whether you had the requisite intent to deceive, or whether inconsistencies in your testimony were honest errors rather than deliberate falsehoods.
This is general information only. Contact us for advice specific to your situation.
- You did not make any false statements
- Any false statements were not intentional or material
- Lack of supporting evidence beyond accusation
- Violation of due process rights
An experienced criminal defense lawyer can evaluate defenses based on the facts of your case and build the strongest argument to fight the charges.
