Fort Myers Criminal Attorneys Explain How to Beat Perjury Charges
Being charged with perjury can be scary. As a felony offense, perjury charges carry the possibility of substantial penalties – including potential prison time. But the good news is that there are viable defenses available. Fort Myers criminal defense attorneys regularly represent clients facing allegations of providing false statements under oath. And over the years, they’ve had success beating these types of cases through effective defense strategies.
In this article, we’ll break down exactly what perjury is under Florida law, typical penalties, and – most importantly – legal defenses that an experienced lawyer may use to get charges reduced or dismissed. We’ll also provide guidance on next steps if you or a loved one are currently confronting perjury accusations.
What is Perjury Under Florida Law?
Perjury refers to the act of intentionally making a false statement while under lawful oath, as when testifying during court proceedings or through a sworn affidavit or deposition. Under Florida statute 837.02, perjury is committed when a person makes a false statement which he or she does not believe to be true, under oath in an official proceeding, with knowledge of the statement’s meaning.
An “official proceeding” under the law can include court hearings, depositions, affidavits, and other legal proceedings where testimony is taken under oath. The statute even applies to statements made under oath for driver’s license reinstatement hearings.
And “knowledge of a statement’s meaning” simply requires that the person understands what they are saying. The prosecution does not need to prove intent to mislead.
Perjury is a third-degree felony under Florida law, carrying maximum penalties of five years in prison and $5,000 in fines. However, if perjury facilitates another crime – or results in the wrongful incarceration of an innocent person – it can be enhanced to a second-degree felony with 15 year prison terms.
Typical Defenses to Perjury Charges
While accusations of perjury should always be taken seriously, there are viable defenses available in many cases. Competent Fort Myers criminal lawyers are familiar with strategies to contest questionable perjury charges. Some typical defenses include:
- Lack of intent – As mentioned above, perjury requires an intentional false statement. There is no crime if misstatements were provided by mistake or misunderstanding versus purposeful lying. Your attorney can argue you never intended to deceive.
- Confusion – Similarly, confusion about questions asked or unfamiliar legal terminology could lead to inaccurate testimony without criminal implications.
- Opinions vs. facts – Expressing opinions instead of factual misrepresentations may not qualify as perjury.
- Correcting the record – Admitting to an inaccurate prior statement and clarifying truthfully on record could show lack of intent to lie under oath.
- Mental defect – Under some circumstances, mental disabilities impacting ability to distinguish fact from fiction could warrant leniency.
Additionally, skilled lawyers know how to challenge the legal validity of sworn testimony. They can often argue it fails to meet the strict procedural rules required under statutory guidelines. Attacking the legitimacy of the “official proceeding” itself can be an effective approach.
What to Do If Facing Perjury Charges
The complexity of perjury allegations means you should never try to talk your way out of charges without an attorney. Anything you say to investigators could be used against you or lead to additional counts. Instead, here are some tips if accused:
- Remain silent and politely decline to answer any substantive questions without a lawyer.
- Secure experienced legal representation immediately to protect your rights.
- Follow your attorney’s advice exactly regarding interactions with police or prosecutors.
- Explore all alternatives your lawyer identifies for getting charges reduced or dismissed.
- Work collaboratively with your defense team to identify inaccuracies in questioning or testimony.
An skilled Fort Myers criminal defense lawyer can carefully analyze the evidence and circumstances surrounding your charges. They may be able to uncover improprieties in investigative tactics, flaws in witness accounts, or other opportunities to attack the prosecution’s case. With an aggressive defense strategy, many seemingly solid perjury charges fall apart under scrutiny.
Why Choose Us For Your Perjury Defense
For over 25 years, the Fort Myers law office of Dunbar & Dunbar, Criminal Defense Attorneys, has successfully represented local clients facing all types of criminal allegations – including perjury and other false statement charges. Attorney Tim Dunbar is a former prosecutor familiar with tactics used on both sides. He leads an experienced legal team focusing exclusively on criminal defense matters.
At Dunbar & Dunbar, we approach each case individually based on the unique facts involved. We take time to understand the exact circumstances leading to your perjury allegations. Our firm has the resources and determination to build the strongest defense possible. And we are not afraid to take cases to trial when warranted based on the evidence.
If you or someone close to you has been accused of perjury in Lee County or the Fort Myers region, contact Dunbar & Dunbar today for skilled and aggressive representation. Call 239-555-7415 or complete our online form to discuss your charges in a free, no-obligation consultation.