New York City Perjury Lawyer
Perjury is one of those charges that catches people off guard. Someone testifies in a civil deposition, or signs an affidavit in a custody dispute, or gives a statement to a grand jury, and months later finds out they are under investigation for what they said. The accusation alone can be devastating, particularly for professionals, public figures, and anyone with a career that depends on their credibility. A charge of New York City perjury lawyer representation is not something to approach without counsel who understands exactly how these cases are built, and exactly how they fall apart.
Perjury prosecutions in New York are less common than other felonies, but when they happen, they tend to involve people with real stakes: executives who testified in corporate investigations, witnesses who gave conflicting accounts in serious criminal cases, or individuals whose sworn statements in court proceedings turned out to contradict other evidence. The prosecution is not just charging a lie. It is charging a deliberate, material false statement, made under oath, that was known to be false at the time. That distinction matters enormously, and it is precisely where a defense attorney can make a case.
What follows here is a genuine look at how perjury charges work under New York law, what a defense actually involves, and what someone facing this charge should be thinking about right now.
How New York Structures Perjury Charges
New York does not have a single perjury statute. The Penal Law breaks it into graduated offenses, and where a charge lands depends on what was allegedly said and in what kind of proceeding it was said in. Understanding these distinctions is not a technicality. It is the architecture of the case against you, and it shapes everything from bail arguments to plea negotiations to trial strategy.
- Perjury in the Third Degree: The base-level charge under New York Penal Law, covering false sworn statements made in any proceeding where an oath is legally required. This is a Class A misdemeanor, but do not let the classification mislead you. A misdemeanor conviction for perjury carries professional and reputational consequences that can outlast any sentence.
- Perjury in the Second Degree: A Class E felony triggered when the false statement relates to a criminal proceeding or when the statement is part of a written instrument filed or submitted in a proceeding. The felony designation opens the door to state prison exposure and a permanent record that can alter the course of someone’s career or immigration status.
- Perjury in the First Degree: The most serious version, a Class D felony, charged when the false sworn statement is made in a context where it could affect the outcome of a criminal proceeding and the defendant did not believe the statement to be true. First-degree perjury prosecutions are typically reserved for high-stakes proceedings, grand jury testimony, trial testimony in major cases, or formal depositions in significant litigation.
- False Swearing: A related but distinct offense covering situations where someone makes a false statement under oath in a context that does not rise to the level of an “official proceeding.” This tends to carry lesser penalties but still carries the stigma of a fraud-based conviction.
- Making a Punishable False Written Statement: When someone submits a written document containing a false certification where the document itself carries a legal penalty for false statements, this separate offense can be charged independently or alongside perjury counts. It appears frequently in cases involving sworn affidavits and notarized filings.
- Subornation of Perjury: Prosecutors sometimes add this charge when they believe a defendant persuaded or pressured someone else to testify falsely. Being named as the person who induced another’s perjury can result in a charge carrying the same level as the underlying perjury offense.
What the Government Actually Has to Prove, and Where Defense Strategy Lives
Every perjury case has the same fundamental weakness from the prosecution’s perspective: intent is genuinely hard to establish. Prosecutors must prove not only that a statement was false, but that the defendant knew it was false when they made it. Memory errors, honest confusion, ambiguous questions, and the pressure of real-time testimony create enormous room for a defense, and a competent attorney starts pulling at those threads from day one.
The “two-witness rule” historically required that perjury could not be proven by the testimony of a single witness alone, because the stakes of convicting someone for lying under oath were understood to require corroboration. While New York courts have refined how this plays out in practice, the principle remains meaningful: the government typically needs documentary evidence, recordings, prior statements, or multiple witnesses to make a case. If their proof hinges on one person saying another person lied, there is substantial room to work with.
Materiality is another line of attack. A false statement is only perjury if it was material to the proceeding, meaning it had some tendency to affect the outcome or influence the decision-maker. Exaggerated statements about peripheral facts, errors on collateral details, or misremembered specifics that had no bearing on what the court or tribunal was deciding are not perjury even if they were technically incorrect. Establishing that whatever was said did not matter to the proceeding is often a powerful defense avenue.
Then there is the question of what the question actually asked. Perjury law does not punish clever truth-telling. If a question was ambiguous, and the defendant answered it truthfully in the way they understood it, even if that answer was misleading, most jurisdictions including New York recognize a defense based on the literal truth of the statement. This is not a loophole. It is a recognition that language is imprecise and testimony happens in real time under pressure. Parsing the exact question asked, against the exact answer given, is core defense work in any perjury case.
Why Representation from The Law Offices of Jason Goldman Matters in a Perjury Case
Perjury cases are almost never straightforward. They involve transcripts, recordings, prior sworn statements, and often intersect with ongoing investigations where a client’s exposure extends far beyond the perjury charge itself. Jason Goldman began his career as a Brooklyn prosecutor, where he handled serious felony cases through trial. That prosecutorial background matters here because Mr. Goldman knows how government attorneys build these cases, what evidence they lean on, and where they tend to overreach.
Having tried over 25 cases to verdict, Mr. Goldman brings the kind of courtroom experience that perjury defense requires. These cases often turn on credibility, on how a witness or defendant is perceived by a jury, and on whether the government’s version of what was said and meant actually holds up under cross-examination. The New York Post has described Mr. Goldman as “high-powered,” and Fox 5’s Rosanna Scotto has noted that when someone needs a good lawyer, he is the person to call. Those assessments reflect a reputation built on high-stakes, high-scrutiny cases, which is exactly the terrain perjury cases occupy.
Mr. Goldman is admitted in the Southern and Eastern Districts of New York and practices in both state and federal courts, which matters because perjury arising from federal grand jury proceedings or federal depositions falls under a separate body of federal law with its own charging framework and penalties. His practice spans pre-arrest investigation through sentencing and appeals, and his experience conducting complex investigations on behalf of individuals and companies means he is equally comfortable working at the front end of a perjury matter, before charges are filed, as he is at trial. Named a New York Super Lawyers Rising Star and recognized by national media outlets, Mr. Goldman is a perjury attorney in New York City who has handled cases where reputation and liberty were both on the line simultaneously.
What to Do If You Are Under Investigation or Already Charged
The most consequential decisions in a perjury case are often made before anyone is formally charged. If you have reason to believe your prior testimony, affidavit, or sworn statement is being scrutinized, the most important thing you can do is stop talking. Do not attempt to clarify, correct, or explain your prior statements to investigators, to the agency involved in the original proceeding, or to the attorneys who were present when you testified. Any new statement you make can be used to build the case against you.
Get counsel before any subpoena is answered, before any proffer session is scheduled, and before any “voluntary” interview with federal agents or state investigators takes place. In New York state perjury matters, the relevant district attorney’s office, whether Manhattan’s, Brooklyn’s, Queens’s, the Bronx’s, or Staten Island’s, will be the prosecuting authority. Federal perjury charges arising from testimony in federal court or before federal grand juries in the Southern or Eastern District of New York are prosecuted by the U.S. Attorney’s offices in those districts. Knowing who is investigating you and under what framework shapes every decision your attorney will make.
Preserve everything. Emails, texts, notes, calendars, recordings, and any documents that relate to the substance of your prior testimony should be gathered and provided to your attorney. Do not delete anything, even material you believe is unimportant. In perjury cases, the context around what was said is often as important as the statement itself, and documentary records can establish memory, timing, and intent in ways that pure testimony cannot.
If you previously testified in a civil case pending in New York state courts, those proceedings typically run through Supreme Court at 60 Centre Street in Manhattan or the courthouse in the relevant borough. Grand jury matters in Manhattan are also centered at 1 Hogan Place. Federal grand jury proceedings and depositions connected to federal civil litigation are handled through the federal courthouses at 500 Pearl Street in lower Manhattan and 225 Cadman Plaza East in Brooklyn. Knowing the institutional landscape of where the original testimony was given helps your attorney understand the procedural posture and who is actually driving the investigation.
Questions People Actually Have About Perjury Cases in New York
What is the difference between perjury and simply being wrong when you testify?
Perjury requires that you knew your statement was false at the time you made it. Honest mistakes, faulty memory, and genuine confusion are not crimes. Prosecutors must prove that you understood your statement to be untrue when you said it. This knowledge requirement is the central battlefield in most perjury cases, and it is frequently where the government’s case is weakest.
Can I be charged with perjury for something I said in a civil deposition?
Yes. Civil depositions are sworn proceedings, and false statements made in them are subject to perjury charges under New York law. This includes depositions in divorce cases, business disputes, personal injury litigation, and any other civil matter where testimony is given under oath. The fact that the underlying case was civil does not immunize the testimony from criminal scrutiny.
What happens if I realize I said something false and want to correct it?
A recantation, meaning a prompt and voluntary correction made before the false statement substantially affected the proceeding, can be a complete defense to perjury under New York law. The timing and circumstances of the correction matter enormously. If you believe you gave incorrect testimony, speak with an attorney immediately before taking any steps to correct the record on your own.
Is perjury a felony in New York?
It depends on the degree. Third-degree perjury is a misdemeanor. Second-degree and first-degree perjury are felonies, classified as Class E and Class D respectively. The felony grades carry potential state prison sentences and result in a felony record with long-term consequences for employment, professional licensing, and civil rights.
Can perjury charges stem from something I wrote, not just something I said?
Absolutely. Sworn written statements, affidavits, and certified written instruments are covered by New York’s perjury and false swearing statutes. In fact, some of the most common perjury-adjacent charges involve false certifications on filed documents rather than live oral testimony.
How do federal perjury charges differ from New York state perjury charges?
Federal perjury under 18 U.S.C. Section 1621 and related statutes applies to testimony given in federal proceedings, including federal grand juries, federal depositions, and statements made in federal filings. Federal charges are prosecuted by the U.S. Attorney’s office rather than a district attorney, and sentences are governed by the federal sentencing guidelines, which operate differently from New York state sentencing. Someone who testified in both state and federal proceedings in connection with the same matter could theoretically face charges in both systems.
If I was the one who was lied about, can the person who lied be charged with perjury?
Potentially, yes, but that decision rests with the relevant prosecutor’s office, not with you or your civil attorney. Perjury is a criminal offense prosecuted by the government, not a civil claim brought by a private party. That said, a false sworn statement made in a civil proceeding can also form the basis of a civil fraud claim, which is a separate avenue your attorney can evaluate.
What if I took a plea deal in a case and later it comes out that a witness lied under oath?
This is a complex situation that can implicate both the perjury prosecution of the witness and the potential vacatur of your own conviction. If a material witness committed perjury that contributed to your guilty plea or conviction, New York courts have mechanisms to revisit those outcomes. This requires a careful review of the underlying record by an attorney who handles both trial-level defense and appeals.
Can a perjury charge affect my professional license in New York?
Yes, in most licensed professions regulated by New York state agencies. Lawyers, doctors, accountants, real estate brokers, and other licensed professionals face disciplinary review when convicted of any crime, and a fraud-based conviction like perjury is treated seriously by licensing boards. Protecting a professional license must be part of the defense strategy from the beginning of a perjury case, not an afterthought after sentencing.
Do grand jury witnesses have any protection against being charged with perjury for what they say?
Grand jury witnesses in New York have the right to refuse to answer questions that would incriminate them by invoking the Fifth Amendment. However, if a witness chooses to testify and provides false testimony, they can be charged with perjury. There is no general immunity for grand jury witnesses simply by virtue of appearing before the grand jury, unless a specific immunity agreement has been negotiated with the prosecutor in advance.
How long do prosecutors typically have to bring perjury charges?
The statute of limitations for perjury in New York depends on the degree of the offense. Felony perjury charges carry a longer limitations period than misdemeanor charges, and there are circumstances where the clock may be tolled. The specific timeline in any given case depends on when the sworn statement was made, what degree of perjury is being alleged, and other case-specific facts. An attorney should evaluate the limitations question early in any investigation.
Perjury Defense Representation Across New York City and the Surrounding Region
The Law Offices of Jason Goldman represents clients facing perjury investigations and charges throughout the five boroughs and the broader New York metropolitan area. In Manhattan, from Midtown and the Financial District through the Upper East Side, Chelsea, and Washington Heights, to the courthouses that handle the most serious criminal proceedings in the state. In Brooklyn, from Downtown and Fort Greene through Park Slope, Flatbush, Bay Ridge, and Bensonhurst. In Queens, representing clients from Flushing, Jamaica, Astoria, Forest Hills, and Long Island City. In the Bronx, serving individuals from Mott Haven through Riverdale, Fordham, and Pelham Bay. In Staten Island, from St. George through Tottenville and every community in between.
Beyond the city limits, the firm extends its reach to clients in Westchester County, including White Plains, Yonkers, and New Rochelle, as well as Nassau and Suffolk Counties on Long Island, and clients in New Jersey through Mr. Goldman’s New Jersey bar admission. For matters in federal courts, the firm handles cases arising in the Southern District of New York and the Eastern District of New York, and is available for pro hac vice admission in jurisdictions elsewhere in the country where clients face related or parallel proceedings.
Speak with a New York City Perjury Attorney Before Your Situation Becomes a Crisis
A perjury investigation has a way of accelerating quickly once it begins. What starts as a quiet inquiry into prior testimony can move to grand jury subpoenas, target letters, and formal charges in a compressed timeframe. Jason Goldman is a perjury attorney in New York City who has navigated that acceleration for clients across a wide range of proceedings and contexts, from corporate investigations to high-profile criminal cases. His practice is built on discretion, preparation, and the ability to shape what happens before the government finalizes its approach. Contact The Law Offices of Jason Goldman to discuss your situation in a confidential consultation.
