Perjury Lawyer New Jersey — What Are the Defenses to a False Statement Charge?
Perjury in New Jersey is a serious indictable offense under N.J.S.A. 2C:28-1, punishable by 3-5 years in prison. If you are accused of making a false statement under oath, securing a skilled perjury lawyer in New Jersey is critical. The Law Offices Of SRIS, P.C.
New Jersey Perjury Law and Penalties
In New Jersey, perjury is defined by statute as making a false statement under oath or equivalent affirmation, where the statement is material to the proceeding and the person does not believe the statement to be true. This is codified in N.J.S.A. 2C:28-1. The law distinguishes between perjury, a crime of the third degree, and false swearing, a disorderly persons offense, based on the setting (official proceeding vs. other contexts).
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
The firm’s founder, a former prosecutor with a background in complex case strategy, understands that the prosecution must prove you knowingly made a false, material statement. This high burden of proof is a central point of attack for any experienced criminal attorney.
Official Resources on Perjury and Court Procedures
For the official statute, refer to the New Jersey Legislature’s site for N.J.S.A. 2C:28-1. For information on court procedures where perjury charges may arise, you can review resources from the New Jersey Courts website.
Building a Defense Strategy for Perjury Charges
A perjury charge hinges on intent and materiality. A common defense is that you believed the statement was true at the time it was made, which negates the “knowingly” element. Another defense is that the allegedly false statement was not material to the outcome of the proceeding. The procedural steps in a perjury case often involve meticulous review of transcripts and prior statements.
- Case Assessment: Immediately secure all transcripts, recordings, and documents from the proceeding where the alleged false statement was made.
- Intent Analysis: Work with your defense lawyer to document your state of mind and belief at the time of the original statement.
- Materiality Challenge: Determine if the statement in question had any bearing on the core issues of the prior case or proceeding.
- Motion Practice: File pre-trial motions to dismiss or limit evidence if the charge is based on ambiguity or a misunderstanding.
- Trial Preparation: If the case proceeds, prepare a clear narrative for the jury that you lacked the required criminal intent to deceive.
Potential Penalties for a Perjury Conviction
In New Jersey, perjury as a third-degree crime carries a potential penalty of 3 to 5 years in state prison and a fine of up to $15,000.
| Offense | Classification | Incarceration | Fine | Collateral Consequences |
|---|---|---|---|---|
| Perjury (in official proceeding) | Crime of the 3rd Degree | 3-5 years (State Prison) | Up to $15,000 | Permanent criminal record, loss of professional licenses, damage to credibility in any future legal matter. |
| False Swearing (other settings) | Disorderly Persons Offense | Up to 6 months (County Jail) | Up to $1,000 | Criminal record, potential immigration consequences. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Perjury Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex criminal defense. Our approach is grounded in a detailed understanding of the law and a proactive defense strategy. We focus on the specific facts of your case to challenge the prosecution’s evidence of intent.
Our Approach to Perjury Cases in New Jersey
The defense team at SRIS, P.C. meticulously dissects the circumstances skilled to the charge. We examine prior testimony, the wording of questions asked, and all related evidence to build a defense that you did not act with criminal intent. Our goal is to achieve a resolution that protects your future, whether through case dismissal, reduction of charges, or a favorable verdict at trial.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our New Jersey Perjury Defense Lawyers
If you need a perjury lawyer in New Jersey, contact us for a consultation. Our New Jersey location in Tinton Falls is accessible from major highways and serves communities throughout Monmouth County and the surrounding region.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Phone: (888) 437-7747 | Local: (609)-983-0003
Availability: 24/7 phone consultations. Meetings by appointment only.
Frequently Asked Questions About Perjury Charges
What is the difference between perjury and false swearing in New Jersey?
Yes, there is a major difference. Perjury occurs during an official proceeding (like court or a deposition) and is a third-degree crime. False swearing happens in other settings (like a sworn affidavit) and is a disorderly persons offense. The penalties for perjury are significantly more severe.
Can I be charged with perjury if I simply made a mistake?
No, a mistake is not perjury. The prosecution must prove you knowingly made a false statement. If you believed your statement was true, you lack the criminal intent required for conviction. A skilled criminal court lawyer will focus on proving your state of mind at the time.
What are common defenses to a perjury charge?
Common defenses include lack of intent (you believed it was true), immateriality (the statement didn’t affect the proceeding), recantation (you corrected the false statement before it affected the proceeding), and ambiguity in the question asked. An effective defense requires a detailed review of all transcripts.
Is perjury a felony in New Jersey?
Yes. Perjury is classified as a crime of the third degree, which is an indictable offense (New Jersey’s equivalent of a felony). Conviction can result in state prison time, a substantial fine, and long-term collateral consequences.
Why do I need a lawyer for a perjury charge?
You need a lawyer because the charges are serious and the law is complex. A perjury lawyer can challenge the materiality of the statement, attack the proof of your intent, file motions to suppress evidence, and negotiate with prosecutors. Without a strong defense, you risk a permanent felony record.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.
A perjury case is one part of obstruction, perjury & false statements work, and our page on witness tampering lawyer New Jersey covers the wider process.