Is Perjury a Felony in New York?
In the state of New York, perjury is considered a serious offense that can have severe consequences. Perjury is defined as the act of making a false statement under oath, which can include statements made during court proceedings, depositions, or other official proceedings. In this article, we will explore whether perjury is a felony in New York and what the penalties are for committing this offense.
Is Perjury a Felony in New York?
Yes, perjury is a felony in New York. Under New York Penal Law Section 210.30, perjury is classified as a Class E felony, which is the lowest level of felony in New York. A Class E felony is punishable by up to 4 years in prison and a fine of up to $5,000.
What is the Definition of Perjury in New York?
According to New York Penal Law Section 210.10, perjury is defined as:
"A person is guilty of perjury when, having taken an oath or affirmation to testify, declare, or verify truly or faithfully before any court, judge, commissioner, notary public, or other officer authorized to administer oaths, or in any written instrument authorized by law to be made and sworn to, or in any deposition or examination under oath, he or she makes a false statement, or wilfully gives a false answer to a material question, or makes a false statement, with intent to deceive."
What are the Elements of Perjury in New York?
To prove perjury in New York, the prosecution must establish the following elements:
- The defendant made a statement under oath: The statement must have been made under oath, either orally or in writing.
- The statement was false: The statement must have been untrue or misleading.
- The statement was material: The statement must have been relevant to the proceeding or investigation.
- The defendant intended to deceive: The defendant must have intended to deceive or mislead others by making the false statement.
What are the Penalties for Perjury in New York?
The penalties for perjury in New York vary depending on the circumstances of the case. Under New York Penal Law Section 210.35, a person convicted of perjury can be sentenced to:
- Up to 4 years in prison: A Class E felony carries a maximum sentence of up to 4 years in prison.
- A fine of up to $5,000: The defendant may also be required to pay a fine of up to $5,000.
- Probation: The court may also sentence the defendant to probation, which can include conditions such as community service, counseling, or reporting to a probation officer.
Can Perjury be a Misdemeanor in New York?
In some cases, perjury can be charged as a misdemeanor in New York. Under New York Penal Law Section 210.40, a person who makes a false statement under oath in a civil proceeding, such as a divorce or custody case, can be charged with a Class A misdemeanor. A Class A misdemeanor is punishable by up to 1 year in jail and a fine of up to $1,000.
Table: Perjury Penalties in New York
| Penalty | Maximum Sentence | Fine |
|---|---|---|
| Class E Felony | 4 years in prison | $5,000 |
| Class A Misdemeanor | 1 year in jail | $1,000 |
Conclusion
In conclusion, perjury is a felony in New York, punishable by up to 4 years in prison and a fine of up to $5,000. The penalties for perjury can vary depending on the circumstances of the case, and in some cases, perjury can be charged as a misdemeanor. It is important to understand the laws and penalties surrounding perjury in New York to avoid committing this serious offense.
Additional Resources
- New York Penal Law Section 210.30: Perjury
- New York Penal Law Section 210.10: Definition of Perjury
- New York Penal Law Section 210.35: Penalties for Perjury
- New York Penal Law Section 210.40: Perjury in Civil Proceedings
