Miami Perjury Defense Attorney
If you have been charged with perjury in Miami, you need an experienced Miami perjury defense attorney to protect your rights. The most common form of perjury is a criminal offense involving knowingly making a false statement under oath. It can occur in an official proceeding, such as a court proceeding or grand jury investigation. Perjury can also be charged by making contradictory statements in an official proceeding and for false statements occurring in an unofficial proceeding, for example, giving a false statement to the police.
Types of Perjury
Perjury in an Official Proceeding
Perjury is a criminal offense in Florida that involves knowingly making a false statement while under oath or affirmation or providing false testimony in an official proceeding. This crime is taken very seriously by prosecutors because the offense goes to the heart of the criminal justice system. If you or a loved one has been charged with perjury, it is essential to seek the help of an experienced criminal defense lawyer in Miami, Florida.
Florida Statute 837.02 states that a person commits perjury in an official proceeding when a false statement is made regarding any “material matter.” For a proceeding to be considered an official proceeding, it must be heard by a legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including a referee, general or special magistrate, administrative law judge, hearing officer, hearing examiner, commissioner, notary, or other people who are required to take testimony or deposition.
The material matter can be any subject, regardless of whether it may be admissible under the rules of evidence, that could affect the outcome of the proceeding. The law determines whether a particular factual situation makes a matter material.
Under Florida law, perjury in official proceedings is classified as a third-degree felony. It carries penalties of up to five years in prison and a fine of up to $5,000. Perjury charges can be enhanced to a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000 if the false testimony involves a capital felony offense.
Perjury Not in an Official Proceeding
Florida Statute 837.012 states that whoever makes a false statement under oath, not in an official proceeding, regarding any material matter shall be guilty of a misdemeanor of the first degree. A false statement can be made in many settings, from one made to the police in an investigation to a false statement in an affidavit, government form, or application. Knowledge of the statement’s materiality is not an element of this crime. This means a person can be charged with perjury even if they did not believe their statement was material to the case.
Perjury not in an official proceeding is a serious criminal offense classified as a first-degree misdemeanor. It can result in up to one year in jail and a fine of up to $1,000. You should immediately seek the help of a Miami perjury defense lawyer with experience handling these cases if you have been arrested or charged.
Perjury by Contradictory Statements
Florida Statute 837.021 defines perjury by contradictory statements as knowingly making two or more material statements under oath that are inconsistent with each other while under oath or in any official proceeding. The law requires that the statements be made under penalty of perjury, meaning the person making them knows they are legally obligated to tell the truth.
Perjury by contradictory statements can occur in any official proceeding, including court proceedings, depositions, and interviews with law enforcement. The charges can also apply to written statements or testimony in any official proceeding, including affidavits, declarations, or sworn statements.
Under Florida law, perjury by contradictory statements is considered a third-degree felony, punishable by up to five years in prison and up to $5,000 in fines. However, if the official proceedings relate to prosecuting a capital felony, it is considered a more serious offense and is classified as a felony of the second degree, punishable by up to 15 years in prison and up to $10,000 in fines. Additionally, a person convicted of perjury may face other consequences, such as the loss of their professional license or the inability to hold certain jobs in the future.
Contact an Experienced Miami Perjury Defense Attorney
If you are facing perjury charges in Miami-Dade County, do not hesitate to contact our law office for a free consultation with a Miami perjury defense attorney. Facing perjury charges can be overwhelming and stressful, so it’s essential to work with an experienced criminal defense lawyer to defend your rights and interests. Our law office in South Florida has years of experience representing clients facing all types of criminal offenses, including perjury charges. We are committed to providing our clients with exceptional legal representation and personal attention, and we are ready to assist you in defending against false testimony charges. Don’t let perjury charges ruin your life. Contact us today to schedule a consultation with an experienced criminal defense lawyer and learn more about how we can help protect your rights and minimize the impact of a perjury charge.
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