A sworn statement may carry consequences far beyond the case in which you made it. If investigators claim that you knowingly gave false testimony during a deposition or hearing, an Orange County, FL perjury lawyer could examine the question, your understanding of it, and whether the statement was material. A reliable criminal defense attorney could intervene before an investigation becomes a formal charge.
Perjury is a criminal offense even when the disputed statement arose during a personal injury lawsuit. At The Umansky Law Firm, we review the record surrounding the oath and identify weaknesses in the accusation while helping you avoid additional statements that could complicate your defense.
Under Florida Statutes § 837.02, perjury in an official proceeding requires proof that you made a false statement under oath about a material matter and did not believe the statement was true. State law defines an official proceeding broadly enough to include judicial proceedings and related depositions. A material matter is one that could affect the course or outcome of the proceeding. A mistake, faulty memory, or imprecise recollection does not automatically satisfy those elements.
An attorney defending a perjury case in Orange County could compare the transcript with prior testimony, documentary evidence, and the wording of the question that prompted the disputed answer.
The prosecution must prove the charge beyond a reasonable doubt. Our attorneys study context rather than isolating one sentence from a longer examination. If a question was ambiguous or relied on an incorrect premise, that context may matter when evaluating whether the answer was knowingly false. The sequence of questioning may also affect the meaning of a statement. We could examine whether you corrected or clarified an answer during the proceeding and whether the allegedly false statement could realistically have influenced the matter at issue.
Ordinary perjury in an official proceeding is a third-degree felony under Fla. Stat. § 837.02. Under Fla. Stat. § 775.082, a third-degree felony may carry up to five years in prison. Prosecutors may charge perjury involving the prosecution of a capital felony as a second-degree felony. We could address a perjury case from investigation through arraignment and motion practice, then prepare for negotiations or trial.
If the Orange County Sheriff’s Office investigates an allegation of knowingly false sworn testimony, defense counsel could review records or statements that deputies seek before an arrest, preserve the record, and assess whether the state can prove knowledge and materiality.
After an arrest, we could examine charging documents, challenge legally insufficient allegations, and prepare motions addressing disputed evidence or procedure. Discovery may reveal how prosecutors believe the statement was false and what evidence they intend to use to establish intent. A felony conviction may also affect your employment or professional licensing, and expose you to incarceration and financial penalties.
A strong defense begins with the exact language of the oath and the statement. The defense may argue that the answer was true or that you believed it was true. It may also contend that the subject was immaterial or that the setting did not legally qualify as an official proceeding. When inconsistent testimony is the theory, state law separately addresses contradictory statements and recognizes belief in each statement’s truth as a defense in qualifying prosecutions.
If you face a perjury accusation in Orange County, FL, our legal counsel could also evaluate whether recantation applies. Recantation is limited. It must occur in the same continuous proceeding or matter, and the statute requires either that the false statement has not substantially affected the proceeding or that the admission occurs before exposure becomes manifest. It will also be critical to obtain legal advice before you try to correct testimony. Depending on the facts, the defense may also challenge whether investigators can prove who made the statement or whether the transcript accurately reflects the testimony.
We assess each detail against the statutory elements instead of assuming every inconsistency proves perjury.
Perjury cases often develop on the exact language of the statement and what the state can prove about your belief when you testified. We could examine the record, communicate with investigators, and prepare for trial when necessary.
An Orange County perjury lawyer could help you understand the accusation and build a defense around the actual testimony and governing law. Contact us today to request a confidential consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys
