Perjury in New Jersey

N.J.S.A. 2C:28-1 · Offenses Against Public Administration

What the law says

A person commits perjury by making a false statement under oath or equivalent affirmation in an official proceeding, or by swearing or affirming the truth of a previously made statement. The statement must be material, and the person must not believe it to be true.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:28-1, that means:

• The person made a statement in an official proceeding, or swore or affirmed the truth of a statement previously made.
• The statement was made under oath or equivalent affirmation.
• The statement was false.
• The statement was material.
• The person did not believe the statement to be true.

How the charge is graded

• Perjury is a crime of the third degree.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• 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.
• It is not a defense 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.
• It is an affirmative defense that the actor retracted the falsification in the course of the proceeding or matter in which it was made, prior to its termination, without having caused irreparable harm to any party.
• No person shall be convicted where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Challenging whether the conduct meets the statute's specific elements
• Bodycam and dashcam video review of the police encounter
• Lack of purpose or knowledge
• Negotiating downgrades to municipal court where appropriate

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Perjury charge.

Related charges

• Bribery →
• Official Misconduct →
• False Reports to Law Enforcement →
• Witness Tampering →
• Tampering with Physical Evidence →
• Obstructing Administration of Law →
• Resisting Arrest →
• Eluding a Police Officer →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.