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FROM THE DEFENSE DESK / NEW YORK PENAL LAW
6 MAR 2026 · 1 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: NEW YORK PENAL LAW
DOCKET NO. 105 · THE DEFENSE DESK

new york penal law 210 05 perjury in the third degree.

Arrested for perjury in the third degree under NY Penal Law 210.05? Learn what constitutes perjury, material facts, possible penalties, and proven defense strategies. Discover why hiring an experienced New York criminal defense attorney is crucial to fight perjury charges and protect your rights in state court proceedings.

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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].

Penalties 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.

Defending Against Perjury Charges

Viable defenses against NY Penal Law 210.05 charges include[4]:

  • 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.

Why Hire a NY Criminal Defense Attorney?

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