Perjury Defense Attorney in Jacksonville

How Florida Law Defines Perjury

Florida’s perjury statutes establish separate offenses based on where the statement occurred and whether the allegation involves one false statement or multiple contradictory statements. Each offense has distinct elements and classifications.

False Statements Outside an Official Proceeding

Florida Statute 837.012 applies when a person makes a sworn false statement about a material matter outside an official proceeding and doesn’t believe it to be true. This offense is classified as a first-degree misdemeanor.

False Statements in an Official Proceeding

Section 837.02 generally classifies perjury in an official proceeding as a third-degree felony. It applies to sworn testimony about a material matter when the person doesn’t believe the testimony is true.

This type of proceeding can take place before a legislative, judicial, administrative, or other governmental body authorized to receive sworn evidence. A material matter is a subject that could affect the course or outcome. Under Florida law, materiality is a legal question, not an issue determined solely by what the speaker considered important.

Contradictory Statements Under Oath

Section 837.021 addresses two or more willfully contradictory statements concerning a material issue in one or more official proceedings. The offense is generally classified as a third-degree felony. Statements connected to the prosecution of a capital felony are classified as a second-degree felony.

When a Statement Can Lead to a Perjury Allegation

Perjury allegations can arise from trial testimony, depositions, affidavits, administrative hearings, and documents submitted during family law proceedings.

A disagreement, inconsistency, or inaccuracy doesn’t automatically establish every element of perjury. The applicable statute requires sworn language concerning a material issue and considers whether the speaker believed the words were true at the time.

Under Section 837.02, however, a mistaken belief that the subject was immaterial isn’t a defense. Knowledge of materiality isn’t an element of that offense. The question asked, the wording of the answer, and evidence of the speaker’s belief still require careful review.

Defense Considerations in a Jacksonville Perjury Case

A defense strategy depends on the specific charge, the record, and the available evidence. Because Florida law addresses statements a person doesn’t believe to be true, evidence of the defendant’s actual belief can be important. Confusion, an imprecise question, faulty recollection, or missing context may also require examination, although their legal significance varies by case.

Important issues our attorneys may evaluate include:

• The oath: Whether the applicable statute covers the oath involved.
• The statement: What was said or written and whether the complete record changes its meaning.
• The speaker’s belief: Whether the evidence shows that the person didn’t believe the words were true.
• Materiality: Whether the subject could affect the course or outcome of the proceeding.
• The proceeding: Whether the setting meets Florida’s statutory definition.

Recantation Under Florida Law

Florida Statute 837.07 recognizes recantation as a defense when a person admits during the same continuous proceeding that a statement was false and satisfies the statute’s other conditions. The admission must occur before the statement substantially affects the proceeding or before its falsity becomes manifest. A later correction doesn’t necessarily meet these requirements, so the timing and procedural record matter.

Criminal Proceedings in the Fourth Judicial Circuit

Jacksonville and Duval County criminal matters fall within Florida’s Fourth Judicial Circuit Court. Consulting counsel early can clarify the allegation, preserve relevant records, and inform decisions as the case moves forward. No defense applies automatically, and potential strategies depend on the facts and circumstances.