Vincent C. Scoca Annette Scoca Attorneys at Law

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Perjury is the "willful and corrupt taking of a false oath in regard to a material matter in a judicial proceeding". It is sometimes called "lying under oath" which means deliberately telling a lie in a courtroom proceeding after having taken an oath to tell the truth.

It is important that the false statement be material to the case at hand—that it could affect the outcome of the case. It is not considered perjury to lie about your age, unless your age is a key factor in proving the case.

Perjury prosecutions stemming from civil lawsuits are particularly rare. This is because it is difficult to prove that someone is intentionally misstating a material fact, rather than simply testifying honestly from faulty memory.

§ 2C:28-1. Perjury

A person is guilty of perjury, a crime of the third degree, if in any official proceeding he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the statement is material and he does not believe it to be true.

Materiality. Falsification is material, regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the proceeding or the disposition of the matter. It is no defense that the declarant mistakenly believed the falsification to be immaterial. Whether a falsification is material is a question of law.

Irregularities no defense. It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner. A document purporting to be made upon oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.

Retraction. It is an affirmative defense under this section that the actor retracted the falsification in the course of the proceeding or matter in which it was made prior to the termination of the proceeding or matter without having caused irreparable harm to any party.

Corroboration. No person shall be convicted of an offense under this section where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant.

If you or someone you know in New Jersey needs the assistance of an experienced New Jersey Criminal Defense Attorney, call Vincent C. Scoca today at 973-680-1048.

We are available 24/7   nights, weekends and holidays. We accept credit cards.  To schedule a free consultation, call or fill out the contact form located on our website.

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