An oath turns an ordinary statement into something the law takes very seriously. When a person lies under oath in New Jersey, they can be charged with perjury or false swearing — indictable crimes that carry real penalties and a lasting record. But these charges have specific elements, and not every inaccurate statement under oath is a crime.
Perjury vs. false swearing
New Jersey separates two related offenses:
- Perjury (N.J.S.A. 2C:28-1) — making a false statement under oath in an official proceeding, where the statement is material to that proceeding. Perjury is generally a third-degree crime.
- False swearing (N.J.S.A. 2C:28-2) — making a false statement under oath outside the materiality-and-official-proceeding requirements of perjury — for example, in certain sworn statements or certifications. False swearing is generally a fourth-degree crime.
Where these charges arise
- Testimony in court, depositions, or hearings.
- Sworn affidavits and certifications filed with a court or government agency.
- Official applications and documents signed under penalty of perjury.
- Grand jury testimony.
They often arise out of other proceedings — a family case, a civil suit, a criminal matter — where a party is later accused of having lied in their testimony or paperwork.
Defenses built into the statute
Perjury and false swearing have specific defenses and limitations the law recognizes:
- Lack of materiality — for perjury, that the statement couldn’t have affected the proceeding.
- No knowing falsehood — that the statement was a mistake, a matter of interpretation, or honest belief.
- Retraction — New Jersey law recognizes a defense where the person retracts the false statement in the course of the same proceeding before it substantially affects things.
- Ambiguity — where the question or answer was genuinely unclear.
Why these cases need careful defense
Perjury charges often layer on top of another case and can carry outsized consequences for professionals and anyone whose record matters. As an indictable offense, the stakes mirror those in disorderly persons vs. indictable matters, and for eligible defendants, diversion like Pretrial Intervention may be available. These charges also frequently appear alongside false reports and forgery where documents are involved.
Accused of lying under oath? Don’t assume it’s open-and-shut
Materiality, knowledge, and the precise wording all matter, and the defenses are real. If you’re facing a perjury or false-swearing charge anywhere in New Jersey, it’s worth a free, confidential call to talk it through.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Criminal Charges Guide.