When you commit perjury this means that you have lied under oath, or you have made a false statement at a legal proceeding. Florida state laws separate perjury offenses that have been committed at official proceedings from those that have occurred out of official proceedings. If you have been charged with perjury, this is a criminal offense and you could face imprisonment and fines if convicted. You will need experienced Miami criminal defense attorney AlbertQuirantes Esq. to ensure you have the best possible defense.

Proving Perjury​

Under Florida Statutes Section 837.011-837.07 ‘official proceeding’ is defined as any legal proceeding that has taken place when a judge or magistrate is present , or any other person who is able to take a person’s deposition or testimonythrough a court, government agency, legislative body oradministrative agency. Examples of a non-official proceedinginclude statements that have been made by you on an application for a marriage license and statements made when answering questions presented by an insurance company when you are responding to a claim you have submitted.

In order to establish if perjury has taken place, whether at an official or unofficial proceeding, the prosecutor has to provide proof that an oath by you to speak the truth took place and that you truly understood the consequences of taking the oath. On top of this the prosecutor has to provide the proof that you knew that you had made a false statement. However, if you believe that the statements you made were true, it may be difficult for a perjury prosecution to take place.

Defenses against a perjury charge​

• Recantation can be used by you as a defense if you acknowledge making a false statement during the currentlegal proceeding. The false statement must not have had any major effect on the legal proceeding and you must have admitted to making the false statement before anyone else points out the perjury.

• Duress can be used if you can show that you committed perjury because you were threatened or coerced to do so. To prove this you must show that you are afraid of the consequences of making a false statement.

Penalties for perjury​

A likely punishment for committing perjury will depend on if the perjury took place at an official or unofficial proceeding. If you are convicted of perjury at an official legal proceeding, Florida state law permits the prosecutor to convict you on a charge of 3rd degree felony which could mean a prison sentence of up to five years, a fine of up to $5,000, or bothpenalties. If the perjury took place at an unofficial proceeding, a 1st degree misdemeanor charge could be imposed attracting a prison term up to 12 months, a fine up to $1,000, or both.

If you committed perjury at a legal proceeding for capital felony when a conviction leads to either life imprisonment with no parole or the death penalty, Florida law regards this perjury offense as 2nd degree felony attracting up to 15 years in prison and a fine of up to $10,000, or both penalties.

Any criminal conviction can have serious consequences for you and your family. However, you cannot be considered guilty unless it has been shown beyond reasonable doubt that you committed perjury. Don’t risk your job, freedom and future. Contact Miami criminal defense attorney Albert Quirantes Esq. on 305-644-1800 today!

Call Us Now!


Contact our Attorneys

Miami Crimianl Attorney Albert M. Quirantes

1815 NW 7th Street,

Miami, Florida 33125-3503
1-800-333-LEGAL (5342)

Dade: 305-644-1800
Fax: 305-644-1999

  • Twitter Social Icon
  • Facebook Social Icon
  • LinkedIn Social Icon
  • Google+ Social Icon
  • YouTube Social  Icon
  • AvvoIcon
  • InstagramIcon
Miami DUI Lawyer | Attorney Albert M. Quirantes
Miami DUI Defense Lawyer | Attorney Albert M. Quirantes
Miami FACDL Lawyer | Attorney Albert M. Quirantes
Miami Trial Lawyer | Attorney Albert M. Quirantes

© 2018 Albert Quirantes. The name of this law firm is: "Albert Quirantes, Esq., Criminal DUI & Ticket Lawyers", a subsidiary of The Ticket Lawyers, P.A., a criminal defense law firm and formerly known as Ticket Law Center. It's the main office is located at 1815 N.W. 7th Street, Miami, Florida 33125. Albert M. Quirantes has been licensed to practice law in Florida since May 13, 1988. We publish the information on this website to help inform you, but nothing on this website or its links is to be considered legal advice and we do not have an attorney-client relationship until you retain us as your attorneys.


Confidential or time-sensitive information should not be sent through this website or through email. The transmission of information to us via this website or email does not create an attorney-client relationship until a legal fee is paid and the firm agrees to take your case in writing. You should not take any legal actions based on the information found on this website and the law firms are not liable for your use or interpretation of information contained in this website and expressly disclaim all liability for actions you take or do not take based on information from this website or any of its links.


This disclaimer governs your use of this website and you accept this disclaimer in full by using it. If you disagree with any part of this disclaimer, please do not use our websites. We may modify these terms at any time and you are asked to check periodically for changes. By using this site, you agree to accept any changes to these terms whether or not you have taken the time to review them.


Privacy Policy: We do not provide your private information to anyone. That includes parents, family members or friends. This refers to your email address or any contact information or information about your legal matter or questions. It's no one's business but yours unless you authorize its release.