Perjury and False Statements Under Oath in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the State Must Prove

Perjury, in or not in an official proceeding (ss. 837.02, 837.012; Fla. Std. Jury Instr. (Crim.) 18.1, Elements):

1. You took an oath or affirmed that you were bound by conscience or law to tell the truth.
2. The oath was given by a person with official capacity to give it.
3. Under oath, you made the statement charged.
4. The statement was false.
5. You did not believe it was true when you made it.

Perjury by contradictory statements (s. 837.021; Instr. 18.2, Elements): under oath, in one or more official proceedings, you made two statements that could not both be true, and you made both knowingly and intentionally.

Key definitions. An official proceeding includes proceedings before courts and government agencies authorized to take testimony under oath, including a hearing officer, a magistrate, a notary, or anyone taking a deposition in such a proceeding. A material matter is anything that could affect the course or outcome of the proceeding, whether or not it would be admissible; materiality is decided by the judge. For perjury under ss. 837.012 and 837.02, knowing that the statement was material is not required.

Degrees and Penalties

• Perjury not in an official proceeding (s. 837.012): first-degree misdemeanor, up to 1 year and a $1,000 fine.
• Perjury in an official proceeding (s. 837.02): third-degree felony, up to 5 years and a $5,000 fine; second-degree felony (up to 15 years) if the proceeding relates to the prosecution of a capital felony.
• Contradictory statements (s. 837.021): third-degree felony; second-degree felony if the proceedings relate to the prosecution of a capital felony. The State does not have to prove which statement was false. It is a defense that you believed each statement was true when you made it.

Federal False Declarations

Under 18 U.S.C. s. 1623 (11th Cir. Pattern Instr. O64, Elements), it is a crime to knowingly make a false material declaration under oath, or under penalty of perjury, in a proceeding before or ancillary to a federal court or grand jury. The O64 instruction covers grand jury testimony: the government must prove you testified (or used a record or document) under oath before the grand jury; it was false and concerned a material matter; and you knew it was false. Penalty: up to 5 years, or up to 10 years for proceedings before or ancillary to the Foreign Intelligence Surveillance Court or its review court (added in 2024). The statute also bars prosecution in some cases where the person admits the falsity in the same continuous proceeding, depending on whether the false statement had already substantially affected the proceeding or its exposure had become manifest.

Common Situations

• A deposition answer that conflicts with later trial testimony.
• A sworn petition or affidavit in a family, injunction, or civil case.
• Grand jury testimony in a federal investigation.

Defense Themes

• Honest belief. A mistaken memory or a misunderstanding is not perjury.
• Was the question clear? Ambiguous questions can produce answers that are literally true.
• Materiality is a legal question for the judge.
• The oath itself. Was it properly given by someone authorized to give it?

What to Do First

1. Do not try to fix testimony on your own by contacting the other side, the court, or witnesses.
2. Gather the transcript, affidavit, or document at issue.
3. Call us before any further sworn testimony. In a federal matter, timing matters for the recantation rule.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is giving a wrong answer in a deposition perjury?

Not by itself. The State must prove the statement was false, material, and that you did not believe it was true.

Can lying in a sworn affidavit be perjury?

Yes, if the other elements are met. Whether it was in an official proceeding affects whether it is a misdemeanor or a felony.

Do they have to prove which of my two statements was the lie?

Not under Florida's contradictory-statements law. But you have a defense if you believed each one was true when you made it.