Fort Myers Lawyers Describe How to Beat Perjury Charges
Being charged with perjury can be scary. But with the right legal strategy, you may be able to get the charges reduced or even dismissed. I talked to several Fort Myers criminal defense attorneys to get their insights on how to beat perjury charges.
What is Perjury?
Perjury is defined as intentionally lying while under oath. This includes lying during a trial, deposition, hearing, notarized document, or other proceeding where you’ve sworn to tell the truth. Perjury is a felony offense that carries penalties of fines and years in prison.
To be convicted of perjury, the prosecution must prove beyond a reasonable doubt:
- You made a false statement
- You knew the statement was false when you made it
- The false statement was about something important, not just a minor detail
- You made the false statement under oath
Mistakes and errors typically don’t count as perjury. The prosecution has to show you intentionally lied about something important.
Why People Commit Perjury
People lie under oath for many reasons. Here are some of the most common:
- To avoid punishment or liability
- Out of fear
- To protect someone else
- They misunderstood the question
- They forgot details or made an honest mistake
Of course, some people do intentionally lie. But perjury charges can also stem from innocent mistakes. An experienced perjury defense lawyer will thoroughly investigate the circumstances.
How to Beat Perjury Charges
Fort Myers criminal defense attorneys use various strategies to get perjury charges dismissed or reduced. Here are some of their top tactics:
Claim You Didn’t Knowingly Lie
One of the main elements of perjury is knowledge that you were lying. If you can show you didn’t realize the statement was false, you may be able to beat the charges. For example, perhaps you:
- Were confused or misunderstood the question
- Forgot details or made an honest mistake
- Learned new information after the fact
Your lawyer may also argue you lacked the requisite criminal intent. In other words, you didn’t purposefully mean to lie under oath.
Challenge the Materiality
The false statement must be about something important, not just a trivial detail. This is known as “materiality.” Your attorney can argue the alleged lie was not material and didn’t impact the proceeding.
For example, if you’re accused of lying about your age but your age wasn’t relevant, that may not meet the materiality requirement.
Suppress Statements Due to Miranda
Anything you said during a custodial interrogation can be suppressed if you weren’t read your Miranda rights. This includes any supposedly false statements used as evidence of perjury.
If your perjury charge stems from lying during police questioning, your lawyer will try to get those statements thrown out.
Negotiate a Plea Deal
Rather than risk trial, your attorney may be able to negotiate a plea bargain with reduced charges. This depends on the circumstances of your case and your criminal history. But plea deals are common in perjury prosecutions.
For example, you may be able to plead to a misdemeanor instead of a felony. This results in less jail time and lower fines. A diversion program is another possibility, allowing you to avoid conviction.
Go to Trial
If you can’t get the charges dropped or reduced through a plea deal, your lawyer may recommend going to trial. They will aggressively cross-examine witnesses and challenge every element of the prosecution’s case.
Your attorney may argue you simply remembered facts wrong, without criminal intent. Juries are often sympathetic in perjury trials. An experienced trial lawyer may be able to secure a not guilty verdict.
Florida Perjury Laws
In Florida, perjury is prosecuted under Section 837.02 of the criminal code. It is a third-degree felony with penalties of:
- Up to 5 years in prison
- Fines up to $5,000
If the perjury is related to a capital felony (murder, etc.), it may be charged as a second-degree felony with harsher penalties. Perjury in an official proceeding also faces enhanced penalties.
Federal Perjury Laws
In federal court, perjury is prosecuted under 18 U.S. Code § 1621. Penalties under federal perjury statutes include:
- Up to 5 years in federal prison
- Fines up to $250,000
Subornation of perjury, when you induce someone else to lie under oath, faces the same penalties. Additional charges are also possible, such as obstruction of justice.
Perjury Defenses
There are various defenses that skilled criminal defense lawyers use to fight perjury charges. Some potential defenses include:
- Lack of intent – Argue you did not knowingly or willfully lie under oath.
- Diminished mental capacity – Claim you were under mental or emotional distress.
- Statute of limitations – The time limit for filing charges may have expired.
- Recantation – Admitting to the lie and recanting it before charges are filed.
An attorney may also challenge procedural issues with your case, such as lack of Miranda warnings or problems with the warrant.
Finding the Right Lawyer
Beating perjury charges requires an experienced criminal defense attorney. Look for a lawyer who:
- Focuses on criminal defense
- Has experience fighting perjury cases specifically
- Is willing to take your case to trial if needed
- Has a track record of positive case results
Also consider lawyers who are former prosecutors. They have insight into the prosecution’s strategies and mindset.
Meet with several candidates to discuss your case details. Be wary of lawyers who guarantee they can get the charges dismissed or who pressure you to plead guilty. The right attorney will thoroughly assess your case and explain all options.
Take Perjury Charges Seriously
Never assume you can just explain away a perjury charge. These are serious felony offenses with severe penalties. An experienced perjury defense lawyer can protect your rights, avoid conviction, and preserve your future.
If you or a loved one are facing perjury charges in Fort Myers, don’t go it alone. Consult with a knowledgeable local defense attorney as soon as possible. With an aggressive legal strategy, you may be able to defeat the allegations and move on with your life.