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. Florida also prohibits perjury by contradictory sworn statements in official proceedings and perjury under oath outside an official proceeding. An unsworn false statement to police may violate a separate false-information law, depending on the circumstances.

Types of Perjury

Perjury in an Official Proceeding

A perjury charge requires more than an inaccurate answer. Whether the statement was made under oath, whether the speaker believed it was true, and whether the proceeding qualifies under Florida law can all affect the defense.

Florida Statute 837.02 makes it a crime to give a false statement under oath in an official proceeding about a material matter when the speaker does not believe the statement is true. Official proceedings include court hearings, depositions, and other proceedings before a government body or official authorized to take evidence under oath.

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. If the official proceeding relates to the prosecution of a capital felony, the offense is a second-degree felony, generally punishable by up to 15 years in prison and a fine of up to $10,000.

Perjury Not in an Official Proceeding

Under Florida Statute 837.012, a person commits perjury outside an official proceeding by making a false statement under oath about a material matter when the person does not believe the statement is true. Depending on the circumstances, this may include a sworn statement to police or a sworn statement in an affidavit or application. The State does not have to prove that the person knew the statement was material.

Perjury outside an official proceeding is 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

Under Florida Statute 837.021, a person commits perjury by contradictory statements by willfully making two or more material statements under oath that contradict each other in one or more official proceedings. The prosecution does not have to prove which statement is false. It is a defense that the person believed each statement was true when it was made.

Conflicting accounts given during an ordinary police interview do not, by themselves, establish this offense. The statements must meet the statute’s requirements, including the oath and official-proceeding requirements.

Under Florida law, perjury by making contradictory statements is a third-degree felony, punishable by up to 5 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. It is a second-degree felony, 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 specific 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 a wide range 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 charges of false testimony. 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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