St. Petersburg Perjury Attorney
A perjury charge does not announce itself the way other crimes do. There is no arrest at the scene, no obvious moment of confrontation. Instead, it often surfaces weeks or months after a deposition, a hearing, or a sworn affidavit, when a prosecutor decides that something you said under oath did not match the truth. By the time most people realize they are under investigation, the state already has a file on them. If you are under investigation or have been charged with perjury in the St. Petersburg area, St. Petersburg perjury attorney Omar Abdelghany of OA Law Firm handles this type of case and can help you understand exactly what you are facing.
What Florida Actually Prosecutes as Perjury
Perjury in Florida is not just lying in a courtroom. The statute is broader than most people expect. Florida law covers false statements made under oath in any official proceeding, including depositions, grand jury testimony, affidavits, and sworn statements submitted to government agencies. If you signed a sworn document and the state believes it contained a material falsehood, that can be the basis of a charge.
The word “material” matters enormously here. A statement is material if it could have influenced the outcome of the proceeding, even if it did not actually change anything. Prosecutors have wide latitude to argue materiality, which is one reason these charges can feel aggressive and disproportionate compared to the underlying conduct.
Florida also distinguishes between perjury in an official proceeding and making false statements not in an official proceeding. The first carries the heavier penalties. Perjury in an official proceeding is typically a third-degree felony, which can mean up to five years in prison. If the false statement relates to a capital felony, the charge escalates to a second-degree felony with a potential fifteen-year sentence.
How Perjury Cases Come Together in Pinellas County
Most perjury investigations in the St. Petersburg and Pinellas County area originate from one of two sources. The first is a civil or criminal proceeding where opposing counsel, a judge, or investigators identify a contradiction between sworn testimony and documentary evidence. The second is a law enforcement investigation where agents interview witnesses, compare statements across interviews, and flag inconsistencies they believe were intentional.
Cases that emerge from civil litigation often feel particularly unfair because the underlying dispute had nothing to do with criminal conduct. A person gives a deposition in a civil case, a detail turns out to be wrong, and suddenly they are being contacted by a detective. That gap between civil and criminal consequences catches people completely off guard.
Cases handled in the Pinellas County courts move through the Sixth Judicial Circuit. Omar Abdelghany is licensed to practice in Florida state courts and in the U.S. District for the Middle District of Florida, which covers federal perjury matters that may originate from federal grand jury proceedings or federal agency investigations in the Tampa Bay region.
The earlier an attorney gets involved in a perjury investigation, the more options remain open. Waiting until charges are filed reduces those options considerably.
The Defenses That Actually Apply to Perjury
Perjury is harder to prove than many prosecutors anticipate. The state must establish that the defendant knew the statement was false at the time it was made. Honest mistakes, faulty memory, and misunderstanding a question are not perjury. The intent element is often the weakest part of the state’s case, and it is where a defense attorney should focus first.
Florida law also provides a specific recantation defense. If a person who made a false statement later corrects it in the same proceeding, before it becomes clear that the falsity has been exposed, and before the false statement has substantially affected the proceeding, the recantation can serve as a complete defense. The timing conditions are strict, but this defense has real application in cases where the false statement was corrected during the same deposition or hearing session.
There is also the question of whether the statement was actually material. Defense attorneys can challenge the prosecution’s characterization of materiality, arguing that the false statement had no genuine capacity to influence the outcome of the proceeding. Courts do not always accept this argument, but it creates a legitimate battleground.
Beyond substantive defenses, procedural issues can arise around how the oath was administered, whether the proceedings were properly recorded, and whether the statement was correctly transcribed or quoted by investigators. Omar reviews every layer of the state’s evidence carefully rather than accepting the prosecution’s version of what was said and what it meant.
Questions Worth Asking Before You Speak to Anyone
Can I be charged with perjury if I simply misremembered something?
No. Perjury requires that you knew the statement was false when you made it. Misremembering, confusing dates, or giving an honest but inaccurate answer is not perjury, even if the statement turns out to be wrong. The prosecution must prove willful falsehood, which is a significant burden. This is often where perjury cases fall apart.
What happens if I correct a false statement before the proceeding ends?
Florida law contains a recantation provision that may provide a complete defense if you correct the false statement voluntarily and before it substantially affects the proceeding. The timing and circumstances matter. Not every correction qualifies, but if you realize you gave incorrect testimony during the same session, immediately alerting the court or opposing counsel puts you in a much stronger position.
Is perjury a felony in Florida?
Yes, in most circumstances. Perjury in an official proceeding is a third-degree felony, carrying a maximum of five years in prison and a fine of up to five thousand dollars. If the false statement relates to a capital offense, the charge rises to a second-degree felony with a potential fifteen-year sentence. Even a third-degree felony conviction has significant consequences for employment, professional licenses, and civil rights.
What is subornation of perjury, and could I be charged with that instead?
Subornation of perjury is the crime of inducing or procuring someone else to commit perjury. If a person is accused of pressuring a witness to give false testimony, they may face a subornation charge rather than perjury itself. Florida treats subornation seriously and the penalties parallel those for direct perjury. If you are concerned about this type of charge, you need counsel before speaking with investigators.
What if I was asked a confusing or ambiguous question and answered it in a way that seemed correct to me?
Ambiguity in the question itself is a recognized defense consideration. If the question was poorly worded and a reasonable person could have interpreted it differently, the defendant’s answer may not constitute perjury. Courts have acknowledged that a literally true answer to an ambiguous question cannot support a perjury conviction. How the question was phrased and what you understood it to mean are both relevant to the defense.
Should I talk to investigators if they contact me about a perjury investigation?
No. Anything you say to investigators can be used against you, and attempting to explain or clarify a prior statement without counsel often creates additional exposure. The right move is to contact a defense attorney before any contact with law enforcement or prosecutors. This is not obstruction. It is your right, and using it protects you.
Will a perjury conviction affect my professional license or immigration status?
Potentially, yes. A felony conviction in Florida can affect licenses held by healthcare professionals, attorneys, real estate agents, contractors, and others regulated by the state. For non-citizens, a felony conviction can trigger serious immigration consequences, including removal proceedings. These collateral consequences are part of why how the case resolves matters as much as avoiding jail time.
Talk to OA Law Firm About Your St. Petersburg Perjury Case
Omar Abdelghany founded OA Law Firm on the principle that every person charged with a crime is entitled to the highest level of representation. He personally handles all matters in the office, which means you deal directly with your attorney at every stage. He will review the sworn statements at issue, examine how investigators built their case, and identify where the state’s theory has weaknesses. If you are under investigation or facing charges as a St. Petersburg perjury defendant, contact OA Law Firm to schedule a consultation and get a clear picture of where you stand.
