The Criminal Side of Lying

July 26, 2021 Don Pumphrey, Jr. Criminal Defense Social Share

The truth and justice go hand in hand. Even knowing that, it can be hard for some people to be completely candid toward the court when testifying. Questioning and examination in court or during a legal proceeding can lead to some embarrassing or unsavory details that are hard to speak honestly about. However, it is incredibly important that all witnesses, clients, or individuals required to testify or respond under oath speak truthfully and honestly. Making false statements on the stand is illegal under Florida law, and called “perjury.”

What is Perjury?

The crime of perjury is codified under Chapter 837 of the Florida Statutes. Under Sections 837.012 or 837.02, the following elements must be proven beyond a reasonable double in order to convict an individual for perjury:

1. The individual took an oath or affirmed that they would speak the truth under law or conscience in an unofficial or official proceeding.
2. The oath or affirmation of truth was made to the person who administered the oath in an official capacity.
3. The individual who was under oath made whatever untruthful statement detailed in the charging document.
4. The individual made the statement knowing or believing it was not true.

Penalties for Perjury

The consequences of making false statements under oath will differ based on whether the statement was made during in official proceeding, unofficial proceeding, or official capital prosecution proceeding.

Unofficial Proceedings

If an individual commits perjury during an unofficial proceeding, the punishment includes a first-degree misdemeanor charge punishable by up to one year in jail, one year of community control or probation, and a $1,000 fine. A judge can sentence an individual convicted of this offense to only probation but may also impose the maximum sentence.

Official Proceedings

If an individual commits perjury during an official proceeding, the punishment includes a third-degree felony charge punishable by up to five years in prison, five years of community control or probation, and a $5,000 fine. A judge can sentence an individual convicted of this offense to only probation but may also impose the maximum sentence.

Capital Prosecution Proceedings

If an individual commits perjury during an official capital prosecution proceeding, the punishment includes a second-degree felony and is punishable by up to fifteen years in prison, fifteen years of community control or probation, and a $10,000 fine. If there are no grounds for a downward departure sentence, then the judge must sentence an individual convicted of this offense to at least the minimum sentence of thirty-four and a half months in prison.

Defenses to Perjury

Defenses to any criminal charge will differ based on the specific facts of the case at hand, but some common defenses to perjury include:

Recantation

In Florida, recantation is a defense. To use this defense, the person who made the false statement had to admit that the statement is false in the same continuous proceeding, and:

1. The false statement has not substantially affected the proceeding, or
2. Such admission is made before it has become manifest that such false statement has been or will be exposed.
3. Materiality

While materiality is not a defense under Florida law, if it can be proven that the false statement contained in the charging document did not relate to a material matter in the official or unofficial proceeding, the charge will likely be dismissed. A false statement is material if it has “a natural tendency to influence, or is capable of influencing, the decision of the decision-making body to which it was addressed.”

Other Perjury Charges

Perjury by Contradictory Statements

This charge is codified in Florida Statute 837.021(1). It states that it is a third-degree felony to make two or more material statements in an official proceeding or proceedings under oath or affirmation of truth which contradict each other. Additionally, under Florida Statute 837.021(2), perjury by contradictory statements is punishable by a second-degree felony charge.

False Reports to Law Enforcement Authorities

This charge is codified in Florida Statute 837.05. It states that knowingly giving false information to any law enforcement officer about the commission of a crime is punishable by a first-degree misdemeanor charge, a sentence of up to a year in jail, and a fine of $500. However, the criminal offense is punishable by a third-degree felony charge if the false information regards a capital felony.

False Complaints Against a Law Enforcement Officer

This charge is codified in Florida Statute 112.532(3). It states that “every law enforcement officer or correctional officer shall have the right to bring civil suit against any person, group of persons, organization or corporation, or the head of such organization or corporation, for damages, either pecuniary or otherwise, suffered during the performance of the officer’s official duties, for:

• The abridgement of the officer’s civil rights arising out of the officer’s performance of official duties;
• The abridgement of the officer’s civil rights arising out of the officer’s performance of official duties, or
• Filing a complaint against the officer which the person knew was false when it was filed.”

****This article is intended purely for informational purposes and does not constitute legal advice. Pumphrey Law Firm does not practice in the area of Perjury Defense****

This article was written by Gabi D’Esposito

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