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Fort Lauderdale Perjury Attorney

Perjury is the making of a false statement under oath with knowledge of its falsity.  Perjury is a very serious crime and depending upon the circumstance can either be prosecuted as a felony or misdemeanor.  There are six different kinds of perjury crime.

  1. Perjury Not in an Official Proceeding
  2. Perjury in an Official Proceeding
  3. Perjury by Contradictory Statement
  4. False reports to law enforcement authorities.
  5. False information to law enforcement during investigation.
  6. False official statements

Pursuant to Florida Statute 837.07 recantation is a statutory defense to the charge of perjury. 

“Recantation as a defense.–Recantation shall be a defense to any prosecution for perjury or false statement only if the person making the false statement admits such statement to be false in the same continuous proceeding or matter, 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.

Perjury Not in an Official Proceeding or Perjury in an Official Proceeding

To prove the crime of Perjury Not in an Official Proceeding or Perjury in an Official Proceeding, the State must prove the following five elements beyond a reasonable doubt:

  1. The accused, took an oath or otherwise affirmed that he or she was obligated by conscience or by law to speak the truth in either official or unofficial proceedings.
  2. The oath or affirmation was made to a person administering oath, who was acting in an official capacity.
  3. The accused, while under an oath, made a statement .
  4.  The statement was false.
  5. The accused did not believe the statement was true when he or she made it.

Knowledge of the materiality of the statement is not an element of this crime, and the defendant’s mistaken belief that his or her statement was not material is not a defense to the charge.

Penalities

Perjury Not in an Official Proceeding is a first degree misdemeanor punishable by up to 364 days in the county jail and a $1,000.00 fine.

Perjury in an Official Proceeding is a third degree felony punishable by up to 5 years in Florida State Prison and a $5,000.00 fine.

 

Perjury by Contradictory Statements

To prove the crime of Perjury by Contradictory Statements, the State must prove the following six elements beyond a reasonable doubt:

  1. The accused took an oath or otherwise affirmed that he or she was obligated by conscience or by law to speak the truth in (describe the official proceeding or proceedings in which the alleged contradictory statements were made under oath).
  2. In an official proceeding, the accused made a statement.
  3. In an official proceeding, the accused made a statement.  In the same proceeding, the accused made a contradictory.
  4. The accused made both statements while under oath or affirmation.
  5. The statements were contradictory, which means that both statements could not be true.
  6. The accused made both statements knowingly and intentionally.

It is not necessary for the State to prove that either of the statements is untrue, if the State has proved they are contradictory.

It is a defense if the accused, believed each statement to be true at the time he or she made it.

Penalities

Perjury by Contradictory Statement is a third degree felony punishable by up to 5 years in Florida State Prison and a $5,000.00 fine.

Whoever, in one or more official proceedings that relate to the prosecution of a capital felony, willfully makes two or more material statements under oath which contradict each other, commits a felony of the second degree, punishable by up to 15 years in Florida State Prison.

 

False Reports to law Enforcement Authorities

To prove the crime of False Reports to Law Enforcement Authorities, the state must prove that the accused knowingly gave false information to any law enforcement officer concerning the alleged commission of any crime.

Any person who is found guilty of False Report to Law Enforcement Authorities commits a misdemeanor of the first degree, punishable by up to 364 days in the county jail.

Whoever knowingly gives false information to a law enforcement officer concerning the alleged commission of a capital felony, commits a felony of the third degree, punishable by up to 5 years in Florida State Prison.

 

False Information to Law Enforcement During Investigation

To prove the crime of False Information to Law Enforcement, the State must prove the following five elements beyond a reasonable doubt:

  1. A law enforcement officer was conducting a missing person investigation or a felony criminal investigation.
  2. The law enforcement officer was a duly sworn law enforcement officer.
  3. The accused knew that the law enforcement officer was a law enforcement officer.
  4. The accused knowingly and willfully gave false information to the law enforcement officer.
  5. The accused intended to mislead the law enforcement officer or impede the investigation.

Penalities

False Information to a Law Enforcement Office is a first degree misdemeanor punishable by up to 364 days in the county jail and a $1,000.00 fine.

 

False Official Statement

To prove the crime of False Official Statement, the state must show that the accused knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty.

Penalities

Flase official statement is a misdemeanor of the second degree, by up to 60 days in the county jail or 6 months of probation.