Are you wondering what will happen if you are not honest while in Florida court? Under federal and Florida law, providing false information intentionally when in court is considered a criminal offence is known as Perjury.
You may think it is just a “white lie,” but this crime can have severe consequences—such as imprisonment. In fact, Florida state law considers lying under oath more serious than lying in any other situation.
If you lie during official proceedings, you can receive a penalty of up to five years in prison and an additional fine of $5,000. If you do the same regarding a capital felony, it is seen as a second-degree offense, punishable by up to 15 years’ imprisonment.
If you are accused or arrested for perjury, your best bet is to hire an attorney to help you make the most of the options available.
How Does Perjury Happen?
Most law enforcement agencies in Florida require a citizen to sign an acknowledgement detailing the following:
- I have read the excerpts from Florida Statute Section 837.
- I understand that making false claims in an official proceeding is a punishable criminal act.
A Statement of acknowledgement is also made under oath, meaning you swear to tell the truth. This must be done before an authorized person who can administer it, such as a judge, court reporter or notary public. Gestures or silence do not qualify.
Under Florida law, each crime of perjury will depend on the context. You can be charged with perjury because of the following during an unofficial proceeding:
- Making an untrue statement.
- Lying in a courtroom while testifying.
- Giving contradictory statements.
- Making untrue statements to law enforcement while they are making a police report.
- Providing false information when police are busy with a criminal investigation.
Perjury Example
Megan testified she didn’t see Dennis reverse into another car outside of the Macy’s department store because she didn’t want to admit she was out shopping. Her husband had banned her from spending any more money on credit.
Cody, the civil trial attorney for Macy’s, cross-examined Megan. He forced her to admit that she saw Dennis bump the other car and that she was lying previously.
Megan would likely be found guilty of committing perjury in this example because she:
- made an untrue statement,
- under a validly administered oath,
- in a judicial proceeding,
- knowing that it was untrue.
In many different jurisdictions, the fact trier (either a judge or a jury) is the one deciding whether the statement in question is material.
Megan’s statement is material because it would have played a part in exonerating Dennis in his case. She only admitted she was lying once the lie was about to be exposed. Therefore, the retraction cannot serve as a defence.
All the factors of perjury are present, so Megan could be prosecuted and convicted for this offence. Dennis should contact a lawyer in Tampa.
Lie In Court In Florida: Inconsistent Statements
If Megan’s jurisdiction categorizes perjury by inconsistent statements as a criminal offence, she will most likely be prosecuted.
She made two inconsistent statements under a validly administered oath in a judicial proceeding: Dennis’ conversion trial.
In Megan’s criminal perjury by inconsistent statements case, the prosecutor only needs to present the trier with proof of the inconsistent statements.
The prosecutor is not required to present corroborative evidence and doesn’t have to prove that the initial statement was false. As a result, the trial will be simplified and expedited, and Megan may be found guilty of this offence.
Penalties for Perjury
The severity of the consequences that follow a conviction for perjury is dependent on the context in which it occurred. As expected, the more severe the offence, the worse the penalties will be.
Perjury is generally considered a Third Degree Felony if the false statement is made in an official proceeding. If you are found guilty, you could spend up to five years in prison and pay a fine of up to $5,000.
When an official proceeding involves a crime punishable by the death penalty or life in prison, perjury is a felony of the Second Degree. You face the possibility of serving 15 years in prison and paying a maximum fine of $10,000 if convicted of this crime.
Perjury is a misdemeanour of the First Degree in the vast majority of other contexts, including informal proceedings and statements made to law enforcement. If found guilty, the defendant faces a possible sentence of one year in prison and a fine of up to $1,000.
It’s important to remember that you can be charged with perjury even if you’re not giving testimony in your own criminal case. If you are providing testimony in a civil case or you are a witness for someone else, the statements you make could result in criminal charges.
Perjury will result in additional punishment to any jail or prison time you may receive if you are the defendant in a criminal trial.
Lie In Court In Florida Key Takeaways
Giving false information when you’re in court on purpose is a crime, according to both Florida and federal law, known as perjury.
During an unofficial proceeding after taking an oath, you can be charged for:
- Lying or making contradictory statements while testifying.
- Making false statements to law enforcement while they are making a police report.
- Providing untrue information when police are busy with a criminal investigation.
You can be convicted of a First, Second or Third Degree Felony depending on the seriousness of the offence, facing jail time and expensive fines.
Before you make untrue statements, think of the consequences—not only for yourself but for those your insincerity will directly implicate.
We hope you found this guide on what will happen if you lie in court in Florida helpful. Speak to a lawyer in Florida for helpful
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