Brandon Perjury Attorney
Perjury is one of those charges that catches people off guard. Someone testifies in a civil case, gives a deposition, or fills out a sworn affidavit, and then finds themselves under criminal investigation months later. In Florida, perjury is not treated as a technicality or a paperwork issue. It is a standalone criminal offense that can result in felony convictions, prison time, and a permanent record that follows a person into every background check, job application, and professional licensing review for the rest of their life. If you are under investigation or have already been charged in the Brandon area, attorney Omar Abdelghany of OA Law Firm handles these cases directly, from the first call through resolution.
What Florida Law Actually Requires the State to Prove in a Perjury Case
Florida Statute 837.02 covers perjury in official proceedings. For the State to secure a conviction, prosecutors must prove that a person made a false statement while under oath, that the statement was material to the proceeding, and that the person knew the statement was false when they made it. Each of those elements is a separate hurdle, and the State must clear all of them beyond a reasonable doubt.
The materiality requirement is significant. A false statement that had no bearing on the outcome of the proceeding, or that could not have influenced any decision being made, may not satisfy the legal standard. Similarly, the knowledge element matters. If someone genuinely believed what they said was true, even if it turned out to be incorrect, that is not perjury under Florida law. The prosecution has to get inside the defendant’s head and prove conscious, deliberate falsehood, which is harder than it sounds in many cases.
Florida also has a separate statute, 837.012, covering perjury in unofficial proceedings, which applies to sworn statements made outside of formal court or administrative hearings. These cases tend to involve affidavits, sworn written statements, and similar documents. The penalties differ depending on which statute applies, but both carry real criminal exposure.
The Range of Penalties Brandon Residents Face Under These Charges
Perjury in an official proceeding is a third-degree felony in Florida, carrying up to five years in state prison and a $5,000 fine. When the perjury relates to a capital felony case, the offense escalates to a second-degree felony, with up to fifteen years in prison. Perjury in an unofficial proceeding, under the separate statute, is a first-degree misdemeanor, which still carries up to one year in jail and significant fines.
Beyond the criminal penalties, a felony conviction creates downstream consequences that are often more lasting than the sentence itself. A convicted felon in Florida loses the right to vote until rights are restored, loses the right to possess a firearm, and may be barred from certain licensed professions. For anyone working in healthcare, education, finance, real estate, or law, a perjury conviction can mean the end of a career. These are not abstract risks. They are the practical reality that any Brandon perjury attorney needs to communicate clearly to every client from the start.
Where These Cases Tend to Come From in the Brandon Area
Perjury charges do not emerge from a single context. In and around Brandon, these cases arise from family court proceedings, including divorce and custody disputes where one party makes sworn statements that the other challenges as false. They come from civil litigation, insurance claims, and depositions taken during business disputes. Criminal prosecutions sometimes spin off perjury charges when a witness’s trial testimony contradicts prior sworn statements. Grand jury proceedings, administrative hearings before licensing boards, and even sworn statements in immigration matters can all generate perjury exposure.
Hillsborough County courts handle a substantial volume of family and civil litigation, and Brandon residents appear in those proceedings regularly. A contested statement made in a hearing at the George Edgecomb Courthouse, or in a sworn deposition taken at an attorney’s office in the Brandon corridor, can become the basis of a criminal referral if the opposing side believes it was deliberately false. The path from witness or party to criminal defendant moves faster than most people expect.
Defense Approaches That Actually Matter in These Cases
The truthful answer to whether a statement was false is often not as clear as prosecutors suggest. Memory is imperfect, language is imprecise, and people interpret questions differently. One of the most effective defenses in perjury cases is attacking the materiality of the allegedly false statement. If Omar can demonstrate that the statement had no real bearing on anything at issue in the proceeding, the prosecution loses one of its required elements.
Recantation is another avenue worth examining. Florida law allows for a defense when a person who made a false statement corrects it in the same proceeding before it became clear that the falsity would be exposed. This is a narrow window, but it exists, and in some cases it can mean the difference between a criminal charge and no charge at all.
Inconsistency between prior statements does not automatically equal perjury. If two sworn statements differ, the prosecution still has to prove which one was false and that the person knew it was false. When two competing versions exist, that ambiguity often benefits the defense. Omar examines the full record of prior statements, depositions, interviews, and testimony to identify weaknesses in the State’s narrative. He also looks carefully at how evidence was gathered and whether any constitutional issues arise from the investigation itself.
Answers to What People Actually Ask When They Call About This Charge
Can someone be charged with perjury just because their story changed between two proceedings?
A changed story raises suspicion, but it is not automatic proof of perjury. The State has to show which version was false and that the person knew it was false at the time they made the statement. Inconsistency alone is not enough for a conviction.
What happens if someone realizes they gave false testimony and wants to correct it?
Florida law does provide a recantation defense in specific circumstances. If the correction happens in the same proceeding, before it becomes apparent that the falsity is about to be exposed, that can serve as a defense. The timing and context matter enormously, which is why getting legal advice quickly is important in these situations.
Is perjury in a civil case treated differently than perjury in a criminal case?
Not for purposes of criminal liability. Perjury committed in a civil proceeding is still a criminal offense under Florida law. The nature of the underlying case affects the classification of the perjury charge only when the original case involves a capital felony.
Can someone be charged with perjury for what they put in a sworn affidavit, even if no one was watching?
Yes. The perjury statutes cover false statements in official proceedings as well as false sworn statements made outside of court. A signed, sworn affidavit qualifies, even if it was completed privately and submitted without any oral testimony.
What should someone do if they find out they are under investigation for perjury before any charges are filed?
Speak with a perjury defense attorney before making any additional statements, before responding to investigators, and before assuming the matter will go away on its own. The period between investigation and formal charges is often when legal strategy matters most.
Does intent really matter that much in these cases?
It matters a great deal. Perjury requires deliberate falsehood, not honest mistakes. If someone genuinely believed what they said, that goes directly to the knowledge element the State must prove. Building a clear record of what the defendant actually understood at the time is a core part of the defense.
Will a perjury conviction show up on a background check?
A felony perjury conviction will appear on standard background checks and will carry all of the collateral consequences of a felony record in Florida. That includes effects on employment, professional licensing, firearms rights, and more.
Reach Out to a Brandon Perjury Defense Attorney
Omar Abdelghany handles each case personally. There are no associates passed the file to, no assistants running the strategy. If you retain OA Law Firm, Omar is who you deal with, from the initial consultation through the final outcome of your case. He is licensed in all Florida courts and in the Middle and Northern Districts of Florida for federal matters, and he has handled criminal defense across the Tampa Bay area, including Brandon, for clients facing charges at every level of severity. If you are dealing with a perjury investigation or charge, contact OA Law Firm to schedule a consultation with a Brandon perjury defense lawyer who will take the time to understand exactly what happened and give you a direct, honest assessment of your situation.
