Clearwater Attorneys Describe Fighting Perjury Allegations
Being accused of perjury can be a scary and overwhelming experience. As Clearwater attorneys, we often help clients who are facing perjury charges or allegations. In this article, we’ll describe what perjury is, typical penalties, and legal defenses that may apply.
What is Perjury?
Perjury refers to the crime of lying under oath. This means intentionally making a false statement after swearing to tell the truth, often during legal proceedings like trials, depositions, or hearings. Perjury charges can result from lying about anything material or relevant to the case.
Common Perjury Penalties
Under Florida law, perjury is a third-degree felony. If convicted, penalties can include:
- Up to 5 years in prison
- Up to $5,000 in fines
- Probation
- Community service
Perjury allegations can also lead to civil lawsuits or damage one’s credibility in legal proceedings. The stakes are high, so building an effective defense is critical.
Common Defenses Against Perjury
As former prosecutors, we understand how the State builds perjury cases. This helps us craft targeted defense strategies for clients. Some common defenses include:
Lack of Intent
For perjury convictions, prosecutors must prove you intentionally lied. If errors were accidental or due to confusion, it may not qualify as perjury. Evidence like medical records detailing memory issues can bolster this defense.
Immaterial Statement
The alleged false statements must also be “material” or relevant to the legal case. Lying about minor personal details may be unethical but likely doesn’t constitute perjury.
Recanting
In some cases, publicly recanting or withdrawing the false statements before legal consequences arise can help. This shows remorse and willingness to correct errors.
Duress
If external threats or coercion forced you into lying under oath, it may constitute duress. While challenging to prove, evidence like recordings of threats could bolster this perjury defense.
The Importance of an Attorney
Facing perjury charges is frightening. The complexity of these cases and the high stakes make having an experienced criminal defense attorney essential. At our Clearwater firm, we have represented many clients facing perjury allegations over our combined 50+ years of legal experience. We dig deep to understand every aspect of our clients’ cases and build creative defenses that get real results.
If you or a loved one are facing perjury allegations in Clearwater or the surrounding areas, contact us for skilled and compassionate legal representation. We offer free case evaluations so you can make informed decisions protecting your future.
References
Florida Perjury Laws
Penalties for Perjury in Florida
When Lying Under Oath Qualifies as Perjury