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The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

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NY Penal Law 210 Perjury and False Statements

So far we’ve looked at crimes such as larceny, healthcare fraud, bribery, and others in an attempt to peel back the layers of the New York penal law. In this post, we’re going to continue that exploration, this time with crimes involving perjury and false statements. But first, we’re going to need some definitions before we get started.

Perjury and related offenses; definitions of terms.

  • By oath, we mean an affirmation and any other kind of mode that’s authorized by law, attesting to the truth of what’s stated.
  • Swear just means to state something under oath.
  • Testimony is an oral statement that’s made under oath for any court, body, or someone else authorized by law to conduct the proceeding and administer the oath.
  • An oath required by law is an affidavit, deposition, or other written instrument that wouldn’t have legal efficacy in a court of law.
  • A person swears falsely when they make a false statement intentionally that they don’t believe is true while giving testimony, or under oath in a written instrument. A false swearing isn’t complete until the instrument’s delivered, or by someone acting on your behalf to someone else with the intent that it be published as true.
  • An attesting officer is a notary public or someone else who’s authorized by law to administer oaths in connection with affidavits, and to certify that the subscriber has appeared and sworn to the truth.
  • A jurat is a clause where an attesting officer certifies that the subscriber has appeared and sworn to the truth.

Perjury in the third degree.

Now that we’ve gotten the definitions, let’s look at the charges. For perjury in the third degree, someone is guilty when they swear falsely. This charge is a class A misdemeanor.

Perjury in the second degree.

For this charge you’re guilty if you swear falsely and your false statement is made in a written instrument that requires an oath by law, and if it’s made with the intent to mislead a public servant, and it’s material to the action. This charge is a class E felony.

Perjury in the first degree.

You’re guilty of this last charge when you swear falsely and your false statement consists of testimony and is material to the action. Perjury in the first degree is a class D felony.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Perjury; pleading and proof where inconsistent statements involved.

When someone makes two statements under oath that are inconsistent enough that one isn’t true, and the circumstances are such that every statement was made in the jurisdiction of New York and in the period of the statute of limitations for the crime, the inability of people to establish which statement is false doesn’t preclude a prosecution for perjury, and the prosecution can be carried out like this: the indictment can set forth the two statements and charge that one is false and perjurious. Also, the falsity of one or the other can be established by proof, or else a showing of their inconsistency. The actual highest degree of perjury that the defendant can be convicted of is determined by assuming both statements are false. If perjury of the same level would be established by making each statement, the defendant can be convicted of that degree at the most. If perjury of different degrees would be established by making the two statements, the defendant can be convicted of the lesser degree at most.

Perjury; defense.

It’s important to note that it is considered an affirmative defense that the defendant retracted his false statement while in the proceeding, before the false statement affected the proceeding, and before it was clear that its falsity was exposed.

Perjury; no defense.

It can’t be used as defense of perjury that the defendant wasn’t competent to make the false statement, or the defendant mistakenly believed that false statement was immaterial, or the oath was taken in a strange way, or that the authority of the attesting officer was defective, if the defect was excusable under any statute of the law.

Making an apparently sworn false statement in the second degree.

Now we get into making an apparently sworn false statement in the second degree. You’re guilty of this charge when you subscribe a written instrument knowing that it has a false statement and which you don’t believe is true, and when you intend that this instrument will be uttered with a jurat affixed to it. This crime is charged as a class A misdemeanor.

Making an apparently sworn false statement in the first degree.

You’re guilty of this charge if you commit the preceding crime and the written instrument involved requires an oath, and the false statement is made to mislead a public servant, and the false statement is material to the action. This charge is a class E felony.

Making a punishable false written statement.

You’re guilty of making a punishable false written statement when you knowingly make a false statement which you don’t think is true in a written instrument that bears a legally authorized form notice to the effect that false statements are in fact punishable. This crime is considered a class A misdemeanor.

Perjury and related offenses; requirement of corroboration.

Now in any prosecution for perjury, falsity of a statement can’t be established by the uncorroborated testimony of one witness.

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