A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
False Statement Examples In Queens
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Making an apparently sworn false statement in the second degree is a class A misdemeanor. If you are convicted your sentence could include up to a year in jail.Making a punishable false written statement is a class A misdemeanor. This means that if you are convicted your sentence could include up to year in jail. If your written contract makes a specific statement of present fact that turns out to be false, you may have a basis to claim fraudulent inducement. Under our law, a person is guilty of Making a Punishable. Another offense that you will have likely violated is a lesser known crime of First Degree Offering a False Instrument for Filing. 18 USC § 924(a) makes it illegal to make false statements in connection with acquiring a firearm from a licensed dealer. Filing a false statement is a misdemeanor. eCertification. If you have been charged with or arrested for a false statement offense, our statement defense lawyer can help.
