Being accused of perjury in New Jersey can have serious consequences. If you are facing this charge, or filing a false police report, or obstruction of justice charge, understanding the intricacies of the law and obtaining skilled legal representation is essential to protect your rights and reputation. When facing a perjury charge in New Jersey, securing Brett M. Rosen as your defense attorney can be a game-changer. His methodical and assertive approach to cross-examination, coupled with his innovative legal strategies, sets him apart in the courtroom. Rosen’s commitment to integrity and the rights of the accused ensures that every facet of your case will be meticulously examined to mount a vigorous defense. With a history of notable victories, including complex high-profile cases, Rosen’s expertise as a certified Criminal Trial Attorney by the Supreme Court of New Jersey underscores his ability to navigate the intricacies of the legal system and advocate effectively on your behalf. Contact him today to discuss your New Jersey Perjury Charge. 

Understanding Perjury in New Jersey

Perjury, as defined under N.J.S.A. 2C:28-1, is a crime of the third degree that involves making a false statement under oath or affirmation during an official proceeding, with the knowledge that the statement is false and with the intent to mislead.

Key Elements of Perjury

To prove perjury, the prosecution must establish the following:

1. Official Proceeding: The false statement was made during a formal legal proceeding, such as a trial, deposition, or grand jury hearing.
2. Oath or Affirmation: The statement was made under oath (swearing to God) or affirmation (a solemn promise to tell the truth).
3. False Statement: The statement was factually untrue.
4. Knowledge of Falsity: The person making the statement knew it was false.
5. Intent to Mislead: The statement was made with the intention to deceive or mislead the court or other participants in the proceeding.
6. Materiality: The false statement was significant or important to the outcome of the proceeding.

Penalties for Perjury in New Jersey

If convicted of perjury, you could face serious penalties, including:

• Prison Sentence: Up to five years in state prison.
• Fines: Up to $15,000.
• Restitution: Repayment for any financial losses caused by the perjury.
• Damage to Reputation: The conviction can have long-lasting consequences for your personal and professional life.

Defending Against Perjury Charges

If you’re facing perjury charges in New Jersey, understanding your legal options is crucial. Here’s a comprehensive guide to potential defenses that your lawyer can explore to protect your rights and freedom:

1. Recantation

• What it is: If you promptly corrected your false statement during the same proceeding before it had the chance to affect the outcome, this can be a valid defense.
• Why it works: Recantation demonstrates a lack of intent to deceive or mislead, which is a key element of perjury.
• Legal Basis: N.J.S.A. 2C:28-1(d) states that recantation can be a defense if done promptly and before the false statement has substantially affected the proceeding.

2. Lack of Intent

• What it is: Arguing that the false statement was made unintentionally due to a mistake, misunderstanding, faulty memory, or confusion.
• Why it works: Perjury requires a deliberate intent to lie under oath. If you can show the statement was not intentionally false, the charge may not hold.
• Key Considerations: Proving lack of intent often requires detailed evidence, such as corroborating witnesses or documents.

3. Lack of Materiality

• What it is: Demonstrating that even if the statement was false, it was not significant enough to influence the outcome of the legal proceeding.
• Why it works: Perjury only applies to false statements that are material to the case. If the statement was inconsequential, it may not be considered perjury.
• Challenges: Proving materiality is often a matter of legal interpretation and can be complex.

4. Insufficient Evidence

• What it is: Arguing that the prosecution’s case lacks sufficient evidence to prove all elements of perjury beyond a reasonable doubt.
• Why it works: The burden of proof lies with the prosecution. If they cannot establish all elements (false statement, knowledge of falsity, intent, materiality), the case can be dismissed or result in acquittal.
• Attorney’s Role: A skilled attorney can meticulously examine the evidence, identify weaknesses, and raise reasonable doubt.

5. Coercion or Duress

• What it is: If you were forced or threatened into making a false statement, this can be a defense.
• Why it works: Perjury requires a voluntary act. If you can prove you were coerced, the element of voluntariness is negated.
• Important Note: This defense requires substantial evidence to prove the existence of a genuine threat or coercion.

6. Constitutional Violations

• What it is: Arguing that evidence used against you was obtained illegally or that your rights were violated during the investigation or legal process.
• Why it works: Evidence obtained in violation of your constitutional rights (e.g., illegal search and seizure, coerced confession) may be inadmissible in court, weakening the prosecution’s case.
• Attorney’s Role: An experienced attorney can identify any constitutional violations and file motions to suppress illegally obtained evidence.

Why You Need an Experienced Criminal Defense Attorney

Perjury cases can be complex and involve intricate legal arguments. A skilled attorney can:

• Thoroughly Investigate the Case: Gather evidence, interview witnesses, and analyze the transcripts of the proceeding.
• Build a Strong Defense Strategy: Tailor a defense to your specific circumstances, challenging the prosecution’s evidence and presenting a compelling case on your behalf.
• Protect Your Rights: Ensure you are treated fairly throughout the legal process and that your constitutional rights are not violated.
• Negotiate with the Prosecutor: Potentially reach a favorable plea agreement if it is in your best interest.
• Advocate for You in Court: Aggressively defend you at trial, cross-examining witnesses, presenting evidence, and making persuasive legal arguments to secure the best possible outcome.

New Jersey Perjury Charges (N.J.S.A. 2C:28-1): Frequently Asked Questions

Brett M. Rosen, Esq. Answers Your Questions About Perjury

If you’re facing perjury charges in New Jersey, you likely have many questions. Here are some of the most common questions our attorneys receive, along with answers designed to help you understand this complex legal issue:

Q: What is perjury in New Jersey?

A: Perjury is a third-degree crime under N.J.S.A. 2C:28-1. It involves knowingly making a false statement under oath or affirmation during an official proceeding, with the intent to mislead.

Q: What types of statements can be considered perjury?

A: Perjury can involve any false statement that is material to the outcome of the proceeding, including oral testimony, written declarations, or signed documents submitted to the court.

Q: What are the penalties for perjury in New Jersey?

A: Perjury is a third-degree crime, punishable by up to five years in prison and a fine of up to $15,000. Additional consequences can include restitution, probation, and damage to your reputation.

Q: What are some common defenses against perjury charges?

A: Potential defenses include:

• Recantation: Correcting the false statement before it affects the proceeding.
• Lack of Intent: Proving the statement was a mistake or misunderstanding.
• Lack of Materiality: Demonstrating that the false statement was not significant to the case.
• Insufficient Evidence: Challenging the prosecution’s ability to prove all elements of the crime.
• Coercion or Duress: Showing that you were forced or threatened into making the false statement.

Q: Can I be charged with perjury for making a false statement to the police?

A: Yes, you can be charged with perjury if you make a false statement under oath during an official investigation.

Q: What should I do if I am accused of perjury?

A: Contact an experienced criminal defense attorney immediately, such as Brett M. Rosen. Do not speak to law enforcement or anyone else about the case without legal representation.

Q: Will a perjury conviction affect my future?

A: Yes, a perjury conviction can have serious consequences, including difficulty finding employment, obtaining professional licenses, or securing housing.

Q: Can perjury charges be dismissed or reduced?

A: In some cases, it may be possible to have charges dismissed or reduced through negotiation with the prosecutor or by presenting a strong defense in court.

Q: Why is it important to hire a criminal defense attorney for perjury charges?

A: A skilled attorney can investigate the facts of your case, protect your rights, and build a strong defense strategy to help you achieve the best possible outcome.

Have More Questions? Contact Brett M. Rosen, Esq.

If you’re facing perjury charges, our experienced attorneys are here to help. We offer a free consultation to discuss your case and provide you with the guidance and support you need.

Brett M. Rosen, Esq.: Your Partner in Defense

Brett M. Rosen, Esq., he has extensive experience defending clients against criminal defense charges. When facing a perjury charge in New Jersey, it’s crucial to have a defense attorney who not only understands the law but also knows how to present a case effectively. Brett M. Rosen stands out as a certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a testament to his expertise and dedication to criminal defense. His methodical approach to cross-examination and assertive courtroom presence can make a significant difference in the outcome of a trial. With a track record of handling high-profile cases and securing favorable verdicts, Rosen’s strategic legal tactics and unwavering commitment to his clients’ rights position him as a top choice for anyone seeking a robust defense against perjury charges. His ability to navigate complex legal challenges and deliver compelling arguments makes him a formidable advocate in New Jersey’s legal landscape. We understand the seriousness of the accusations and the potential impact on your life. Our dedicated attorney will provide you with personalized attention and zealous advocacy to protect your rights and freedom. 

Contact Us for a Confidential Consultation

If you are facing perjury charges, don’t hesitate to seek legal assistance. Contact us today for a confidential consultation to discuss your case and learn how we can help.