Being accused of perjury in Florida is a serious criminal offense with severe consequences. Under Florida Statute § 837.02, perjury involves intentionally providing false information while under oath. A conviction could lead to felony charges, fines, and long-term damage to your reputation.
If you are facing perjury charges, seeking experienced legal counsel is crucial. At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand Florida’s perjury laws and are committed to building a strong defense on your behalf. Contact us today for a free consultation at (813) 981-7005.
What is Perjury in Florida?
Perjury, as defined under Florida Statute § 837.02, is the intentional act of providing false information while under oath. This includes making false statements during sworn testimony in court, in a deposition, in an affidavit, or in any other legal proceeding where the individual is required to tell the truth. The key element in perjury cases is the intentional nature of the false statement — it is not enough for the statement to be false; the person must know it is false when made.
It’s important to note that perjury can occur in any situation where an individual is legally bound to be truthful, not just during criminal trials. It can also occur in civil cases, depositions, sworn affidavits, or even under oath during a legislative hearing.
To convict someone of perjury, the prosecution must prove the following essential elements:
- You made a statement under oath. This includes any legally binding situation where the individual affirms the truthfulness of their testimony or statement.
- The statement was false. The statement in question must be proven to be untrue.
- You knew the statement was false when you made it. It is not perjury if the person made an honest mistake or did not realize the statement was false at the time. The prosecution must prove that the falsehood was intentional.
- The statement was material to the case or proceeding. The false statement must have been significant to the issue at hand, relevant, and potentially influential to the outcome of the case.
Perjury is typically charged as a third-degree felony in Florida, but the severity of the charges can escalate if the false statement is particularly damaging or significant in nature. For example, providing false testimony in a murder trial or an important government proceeding could lead to more severe penalties or additional charges.
What Are the Penalties for Perjury in Florida?
In Florida, perjury is classified as a third-degree felony under Florida Statute § 837.02. While this may seem less severe than other felony charges, the penalties for perjury can still have serious consequences for those convicted. The severity of the penalty depends on several factors, including the nature of the false statement and whether any aggravating circumstances are present.
Penalties for Perjury in the Third Degree
If convicted of third-degree perjury, you could face:
- Up to 5 years in prison — a lengthy sentence for those convicted, particularly for a crime that does not involve direct physical harm. The sentence could be served in state prison, depending on the facts of the case and your criminal history.
- A fine of up to $5,000 — this fine can add a significant financial burden on top of any prison sentence and can affect your future employment opportunities and financial stability.
- A permanent criminal record — A conviction for perjury can lead to a permanent felony record, which can severely limit your opportunities for employment, housing, and professional licensure.
Additionally, a conviction may result in probation, community service, and restitution to those harmed by the false statement.
How Do I Defend Against Perjury Charges in Florida?
Being accused of perjury is serious, but it’s important to know that several defense strategies can be employed to challenge these charges. At Metcalf Falls, Criminal Defense Attorneys, P.A., we are committed to providing robust defenses for clients facing perjury charges, and we explore all avenues to build a case in your favor. Some potential defenses to perjury charges include:
False Accusation
Perjury accusations can sometimes arise from misunderstandings, miscommunications, or intentional false accusations by others. In these cases, we can investigate whether the charges are based on incorrect information or a malicious attempt to tarnish your reputation.
Lack of Intent
Perjury requires intentional falsehood — meaning the prosecution must prove that you knowingly and willfully lied while under oath. If you were mistaken, confused, or provided inaccurate information without intending to deceive, we may be able to argue that there was no intent to commit perjury.
Insufficient Evidence
For a conviction of perjury to occur, the prosecution must prove the charge beyond a reasonable doubt. If there is weak, circumstantial, or conflicting evidence, we will challenge the validity and reliability of the evidence presented against you. This can include questioning the credibility of witnesses, examining inconsistencies in their statements, and highlighting any contradictions in the testimony.
Frequently Asked Questions About Perjury in Florida
What should I do if I am accused of perjury?
If you are facing perjury charges, do not speak with law enforcement or prosecutors without consulting an attorney first. Anything you say could be used against you. Contact a skilled criminal defense lawyer immediately.
Can perjury charges be reduced?
In some cases, your attorney may be able to negotiate a reduction of charges or penalties based on the circumstances of your case and your criminal history.
Will a perjury conviction affect my future?
A perjury conviction can have lasting effects on your personal and professional life. It may impact your reputation, career, and even your ability to secure future employment.
How long does the state have to file charges for perjury?
In Florida, the statute of limitations for perjury is typically 4 years from the time the alleged perjury occurred.
Why Work With Our Florida Perjury Defense Attorney?
Facing perjury charges in Florida is a serious matter, as a conviction can lead to harsh penalties, including fines, prison time, and long-term damage to your credibility and professional reputation. Working with an experienced criminal defense attorney like Brett Metcalf gives you the best chance of challenging the charges and protecting your future.
Perjury, or knowingly making false statements under oath, is often aggressively prosecuted because it undermines the justice system. Brett’s background as a former prosecutor at the State Attorney’s Office gives him an insider’s understanding of how these cases are built and prosecuted. He uses this knowledge to identify weaknesses in the government’s case and craft effective defense strategies.
Since 2012, Brett has defended Florida residents accused of perjury and other serious offenses. From the outset, he works to have charges reduced or dismissed, thoroughly investigating the circumstances and evidence involved. If the case proceeds, Brett fights for a favorable outcome, whether through pretrial negotiations, a dismissal, or acquittal.
Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.
Get Trusted Legal Defense for Florida Perjury Charges Now
If you are facing perjury charges in Florida, getting trusted legal representation is crucial. At Metcalf Falls, Criminal Defense Attorneys, P.A., we offer dedicated legal defense and personalized strategies for clients charged with perjury. Whether you’re seeking a consultation or need immediate legal representation, we are ready to help.
Call (813) 981-7005 or fill out our online contact form to schedule your free consultation today. Let us use our experience to help you fight your charges.
