PL 210.05 · Article 210
Perjury in the Third Degree
The supplied provision defines this offense as swearing falsely. It does not set out alternative forms of the offense or provide the detailed statutory meaning of that phrase, so an ordinary inaccurate statement should not automatically be treated as satisfying it.
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PL 210.05 · Original statutory wording; excerpts must be read together with the full section.
§ 210.05 Perjury in the third degree. A person is guilty of perjury in the third degree when he swears falsely. Perjury in the third degree is a class A misdemeanor.Read the full section at the New York State SenateIn everyday language
The supplied provision defines this offense as swearing falsely. It does not set out alternative forms of the offense or provide the detailed statutory meaning of that phrase, so an ordinary inaccurate statement should not automatically be treated as satisfying it.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecution must prove beyond a reasonable doubt that the person accused swore falsely.
- The supplied section states a single requirement, not alternative or cumulative routes; the applicable legal meaning of swearing falsely must govern rather than treating any inaccurate statement as sufficient.
Defenses that commonly apply
- What exact statement is attributed to the person accused, and does the complete record support that attribution?
- What evidence shows that the person accused made the statement under circumstances qualifying as swearing?
- What evidence establishes that the statement was false when read in its full context?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000 or up to twice the gain.
Common questions about your defense
Does an inaccurate statement alone establish third-degree perjury?
The supplied section requires swearing falsely, not merely making an inaccurate statement. If the evidence fails to establish that the person accused swore or that the statement was false, those are potential grounds to challenge the charge. The prosecution must prove swearing falsely beyond a reasonable doubt, with the phrase's detailed legal meaning requiring examination beyond this supplied section.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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