Perjury Charges Under State Versus Federal Law

Have you been accused of a criminal offense known as perjury, or accused or perjuring yourself? You may have heard this term colloquially, whether on television or in news stories you have read. But what is actually involved in the offense of perjury? And what do you need to know if you are facing perjury charges under state or federal law, and what is the difference?

According to Merriam-Webster, perjury is defined generally as “the voluntary violation of an oath or vow either by swearing to what is untrue or by omission to do what has been promised under oath,” or “false swearing.” More precisely, perjury can be charged as different types of criminal offenses under state or federal law. Consider the following information from our Tampa perjury defense attorneys.

Florida State Law on Perjury

Under Chapter 837 of the Florida Statutes, a person can face two general types of perjury charges: perjury when not in an official proceeding, and perjury in an official proceeding. This chapter of the Florida Statutes also includes particular criminal offenses for perjury by contradictory statements (in official proceedings), making false reports to law enforcement authorities, providing false information to law enforcement during an investigation, and making false official statements.

In short, perjury under the Florida Statutes refers to knowingly making a false statement or lying while under oath or affirmation, and when the false statement or lie is material. In order for a person to be convicted of this offense, the prosecutor must be able to prove that the defendant made the false statement, did not believe it to be true, and made the statement under official or unofficial oath or affirmation.

Florida law defines an “official proceeding” to mean “a proceeding heard, or which may be or is required to be heard, before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath…”

Perjury Charges Under Federal Law

Under federal law, and specifically under 18 USC 1621 and 18 USC 1623, a person can face perjury charges for similarly making a false statement before a legislative, administrative, or judicial body that they believe to be untrue. In short, a person can face federal perjury charges for knowingly lying under oath in one of the above types of proceedings — essentially, what Florida state law defines as an official proceeding.

There are additional federal criminal statutes that can allow for charges related to making other types of false statements outside the above types of proceedings in which perjury charges may be brought.

Contact a Tampa Criminal Defense Attorney Today for Assistance with Your Defense If You Are Facing Allegations of Perjury 

Are you facing charges for perjury under state or federal law? These are extremely serious charges under any circumstance, and it is crucial to have an experienced Tampa perjury defense lawyer at the Law Offices of Daniel J. Fernandez, P.A. assisting you with your defense. To learn more about your options for defending against perjury charges under state or federal law, or to begin working on a defense strategy, you should reach out to our firm for assistance. Contact us today to get started on your perjury defense in Florida.

Sources: 

https://www.flsenate.gov/Laws/Statutes/2024/Chapter837/All

justice.gov/archives/jm/criminal-resource-manual-1743-perjury-overview-18-usc-1621-and-1623-violations