Perjury Defense In Lake County

Perjury

The law distinguishes between lies told in official proceedings and those told elsewhere. The State of Florida classifies perjury based on where the statement was made:

The Penalty Framework

• Perjury in an Official Proceeding (F.S. § 837.02): If the lie occurs during a trial, deposition, or before a grand jury, it is a Third-Degree Felony. This is punishable by up to 5 years in Florida State Prison and a $5,000 fine.

• Perjury in a Non-Official Proceeding (F.S. § 837.012): If the lie is made under oath but not as part of a formal legal proceeding (such as on certain government applications), it is a First-Degree Misdemeanor, punishable by up to 1 year in jail.

• Perjury by Contradictory Statements (F.S. § 837.021): If you give two statements under oath that are so inconsistent that one must be false, the State can charge you with a felony without even proving which one was the lie.

What the State Must Prove

To convict you of felony perjury, the Lake County State Attorney must prove four specific elements:

1. The Oath: You were under a lawful oath or affirmation.
2. The Statement: You made a statement of fact (opinions or “beliefs” usually do not count).
3. Falsity: The statement was actually false.
4. Knowledge: You did not believe the statement to be true at the time you made it.

The “Materiality” Requirement: Not every lie is perjury. The false statement must be “material,” meaning it had the potential to affect the outcome of the proceeding. A lie about your age or what you ate for breakfast is rarely enough for a felony charge unless it was central to the case.

Strategic Defenses: Fighting Perjury Charges

Lewis Defense Law utilizes specialized legal defenses to challenge the “willfulness” of the alleged lie:

• The Recantation Defense (F.S. § 837.07): Under Florida law, if you realize you made a false statement and admit it in the same proceeding before the lie has affected the case or been exposed, you may be immune from prosecution.

• Mistake or Failed Memory: A common defense is that the defendant was simply confused, had a lapse in memory, or misunderstood a complex question. If you believed what you were saying was true, it is not perjury.

• Lack of Materiality: The alleged lie was irrelevant to the core issues of the case. If the statement didn’t matter to the outcome, the felony charge cannot stand.

• Literal Truth: If your statement was technically true but misleading or non-responsive, Florida courts have historically held that it does not constitute perjury.

The Lewis Defense Law Advantage

When your word is being questioned by the State, you need an attorney who knows how to cross-examine the evidence.

• Former Felony Prosecutor: Attorney Lewis has spent years evaluating witness credibility from the other side. He knows how to spot an overzealous prosecutor who is trying to turn a simple inconsistency into a felony.

• Trial Ready: Perjury cases often come down to “intent,” which is a question for a jury. Trial experience ensures that your side of the story is presented with the nuance and clarity needed for an acquittal.

• Proactive Pre-File Intervention: If you are being investigated for perjury following a deposition or testimony, Lewis Defense Law will act immediately to provide context to the State Attorney, aiming to resolve the matter before formal charges are ever filed.