In recent years, local law enforcement officials have taken a harsher stance on perjury. The consequences of perjury are serious, potentially leading to jail time and high fines.
An Avalon Park perjury lawyer could help you vigorously defend the charges and fight for the best possible outcome. Call The Umansky Law Firm today to speak with a skilled criminal defense attorney.
The legal system relies on honesty to function correctly. When people testify about their knowledge before the court, another body, or official, they must swear to tell the truth, taking an oath.
Perjury occurs when someone makes a false statement under oath about a material matter that they know is not true. To be considered perjury, it must be proven that the person making the statement knew that what they said was untrue when they stated it.
A reliable lawyer from Avalon Park could help you understand the crime of perjury and the potential consequences you may be facing.
According to Chapter 837 of the Florida Statutes, individuals in Florida can face different types of penalties for perjury charges, depending on where the alleged lie occurred and the facts surrounding the testimony.
If someone commits perjury outside of an official proceeding, they could face first-degree misdemeanor charges. A conviction could result in up to one year in prison, one year of probation, and a $1,000 fine.
Committing perjury in an official proceeding, such as a statement made in front of a judicial, administrative, legislative, or other government agency or authority, could result in third-degree felony charges. If convicted, a person could face up to a five-year prison sentence, a five-year probation period, and a $5000 fine.
If the alleged perjury occurs in an official proceeding relating to or during the prosecution of a capital felony, the offender could face harsher penalties because the crime is considered a second-degree felony. A conviction could result in a maximum of 15 years in prison, 15 years of probation, and a $10,000 fine.
If someone makes two or more material statements contradicting each other while under oath in an official proceeding, they commit a third-degree felony. If convicted, they could spend up to five years in prison, five years on probation, and pay a $5000 fine.
Because the potential penalties for committing perjury are significantly harsh, working with an Avalon Park attorney is essential.
A legal professional could make several possible defenses to perjury charges on their client’s behalf.
To be convicted of perjury, a prosecutor must prove that the defendant knowingly made a false statement about something material to the case. The fact that the defendant did not know that the statement was about something material to the case is irrelevant.
However, a defendant could still use materiality as a defense by proving that the false statement was not, in fact, material to the case, such as by demonstrating that their false statement did not make a difference in the outcome of a case.
The person who made the false statement can recant it if they do so while the proceeding is still occurring. If they wait until after the case has been decided or until after someone has discovered the falsehood of their statement, they cannot escape perjury charges.
A defendant could argue that they believed their statements were truthful when they made them. However, the prosecution has the burden of proof to prove that the defendant knowingly made a false statement.
A defendant might also be able to argue that somebody forced them to lie. Our well-versed legal team could review your perjury charges and execute a solid defense.
If you face perjury charges, get in touch with an Avalon Park perjury lawyer. Our dedicated legal team could skillfully and carefully review the prosecution’s evidence and help you create a defense strategy that protects your rights.
Schedule an initial consultation with the seasoned legal team at The Umansky Law Firm today to learn more.
The Umansky Law Firm Criminal Defense & Injury Attorneys
