Perjury in the Third Degree

What the prosecutor must prove

• The accused made a statement under oath.
• The statement was false and the accused did not believe it to be true.

Defenses that commonly apply

• The statement was true, or the accused believed it was true.
• Retraction in the same proceeding before the falsity was exposed (PL 210.25).
• The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
• Challenging identification, witness credibility, and the reliability of statements to police.
• Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.