Category Archives: Crimes
False Swearing, (2C:28-2)
New Jersey False Swearing Attorney
A criminal conviction can ruin your reputation and your life. Calling a tough, smart attorney as early as possible may make the difference between a great result and disaster. Regardless of the how simple or complex the case, or where the court is, our team of aggressive New Jersey criminal defense lawyers will fight for you.
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2C:28-2. False swearing
a. False swearing. A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true, is guilty of a crime of the fourth degree.
b. Perjury provisions applicable. Subsections c. and d. of section 2C:28-1 apply to the present section.
c. Inconsistent statements. Where the defendant made inconsistent statements under oath or equivalent affirmation, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other was false and not believed by the defendant to be true.
From Newark to Trenton, Jersey City to Atlantic City, our false swearing (2C:28-2) defense lawyers will fight you in any court in New Jersey. With offices in New Brunswick, Toms River, Eatontown & Princeton, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!
Perjury, 2C:28-1
New Jersey Perjury Attorney
A criminal conviction can ruin your reputation and your life. Calling a tough, smart attorney as early as possible may make the difference between a great result and disaster. Regardless of the how simple or complex the case, or where the court is, our team of aggressive New Jersey criminal defense lawyers will fight for you.
With offices in New Brunswick, Toms River, Eatontown & Princeton, our perjury (2C:28-1) defense lawyers are easy to reach from anywhere in New Jersey. Call our attorneys today to begin your aggressive defense.
2C:28-1. Perjury
a. Offense defined. 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.
b. 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.
c. 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.
d. 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.
e. 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.
From Newark to Trenton, Jersey City to Atlantic City, our perjury (2C:28-1) defense lawyers will fight you in any court in New Jersey. With offices in New Brunswick, Toms River, Eatontown & Princeton, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!
Tonacchio Law LC 