Tampa Perjury Attorney
Perjury is one of those charges that catches people off guard. Someone gives a statement, answers questions under oath, files an affidavit, and later learns that prosecutors are treating what they said as a crime. The charge sounds abstract until you realize it carries felony-level consequences in Florida and can upend a professional life, a career that requires licensure, or an ongoing immigration case. Omar Abdelghany of OA Law Firm has handled criminal matters in Florida courts for years, and he knows how aggressively these charges can be pursued, especially when a perjury allegation is tied to a larger investigation. If you are looking for a Tampa perjury attorney, this page explains what the charge actually involves, how cases develop, and what a defense can realistically look like.
What Florida Law Actually Makes Perjury
Florida Statute 837.02 defines perjury in an official proceeding as making a false statement under oath that the person does not believe to be true. The critical word there is “believes.” This is not a strict liability offense. The state has to prove that when you made the statement, you knew it was false, not that it turned out to be wrong, not that your memory was imperfect, not that you worded something poorly under pressure.
Perjury in an official proceeding is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. Florida also has a separate statute for perjury not in an official proceeding, which covers false sworn statements made outside of court, such as in affidavits or written declarations. That version is a first-degree misdemeanor. The distinction matters. Prosecutors sometimes charge the more serious version when the facts arguably support only the lesser charge, which is one reason having counsel who has actually read both statutes is not optional.
A related charge worth knowing about is subornation of perjury under Florida Statute 837.021. That applies to someone who induces or procures another person to commit perjury. If you told someone what to say before they testified, you could face this charge even if your own testimony was never at issue.
How Perjury Cases Actually Come Together in Tampa Courts
Perjury prosecutions rarely start as standalone cases. They tend to surface as a byproduct of something else. A deposition in a civil case raises a red flag. A grand jury investigation in federal court produces contradictory testimony. A domestic violence hearing involves competing sworn statements. Investigators or opposing counsel flag the inconsistency, it gets referred, and what was once a civil dispute or a smaller criminal matter suddenly has a new criminal charge attached to it.
Hillsborough County courts see perjury allegations arise in several contexts: family law proceedings where one party accuses the other of lying under oath about assets or conduct, criminal cases where a witness’s testimony contradicts a prior statement, and sworn affidavits submitted in support of protective orders or civil petitions. The Thirteenth Judicial Circuit in Tampa handles these matters, and the way they are investigated and charged varies significantly depending on which agency or office is driving the case.
One thing that tends to surprise people: the false statement alone is not enough. Florida requires that the statement be material, meaning it has to bear on the outcome of the proceeding. A lie about something irrelevant to the case does not satisfy that element. Prosecutors know this, so they focus on statements that had or could have had some impact on how the matter was decided. That element is actually one of the more contestable pieces of a perjury case, and a good defense looks hard at it.
Defenses That Actually Get Examined in Perjury Cases
Omar reviews every statement in context. What was actually asked? What were the exact words used? Was the question itself ambiguous? Did the questioner clarify? These details matter more in perjury defense than in almost any other charge because the entire offense hinges on the meaning of language.
One recognized defense is recantation. Under Florida law, a person who makes a false statement can avoid a perjury conviction if they correct the statement during the same proceeding, before it becomes clear that the falsity has been or will be exposed. This is a narrow window, but it exists. If someone realized mid-hearing that what they said was wrong and corrected it on the record, that fact goes directly to the defense.
Beyond recantation, the defense often focuses on the mental state. Was there actually an intent to deceive? A person who testified based on a genuine but mistaken belief has not committed perjury under Florida law, even if what they said was factually incorrect. Demonstrating that someone was confused, working from faulty memory, or relying on information they reasonably believed to be accurate can defeat the knowing falsity element entirely.
The materiality element also invites challenge. If the allegedly false statement was not actually capable of influencing the proceeding, the state cannot establish one of its required elements. Omar examines the record closely to understand what the proceeding was about and how, if at all, the challenged statement could have affected the outcome.
In federal cases, which Omar handles through his licensure in the U.S. District for the Middle District of Florida and the U.S. District for the Northern District of Florida, perjury charges under 18 U.S.C. 1621 follow similar principles but carry their own statutory penalties and procedural rules. Federal perjury investigations often move faster and with greater resources, which makes early involvement of defense counsel especially important.
What Happens to Licenses, Records, and Immigration Status
A felony perjury conviction in Florida does not end at the criminal sentence. For anyone holding a professional license, the Florida Department of Business and Professional Regulation or the relevant licensing board will conduct its own review. Nurses, contractors, real estate agents, attorneys, and others can face suspension or revocation of a license that took years to earn. The criminal case and the licensing proceeding run on different tracks, but they feed each other.
For non-citizens, a perjury conviction can trigger immigration consequences including removal proceedings, bars to naturalization, or denial of applications for status adjustment. Omar handles immigration-related criminal matters, and he takes the immigration overlay seriously from the beginning of a criminal case, not as an afterthought once sentencing is over.
On the record side, Florida’s expungement and sealing rules are restrictive. A felony conviction for perjury cannot be expunged. That means a conviction follows someone into background checks for employment, housing, and financial accounts for the long term. Getting the charge reduced or dismissed before conviction is far preferable to dealing with the record afterward.
Questions People Actually Ask About Perjury Charges in Florida
Can I be charged with perjury if I said something wrong but didn’t mean to lie?
No. Florida perjury requires that you made a statement you did not believe to be true at the time you made it. An honest mistake, even a significant one, does not satisfy that element. The prosecution has to prove knowing falsity, and that can be challenged.
What if I was never in a courtroom? Can an affidavit be the basis for perjury?
Yes. Florida Statute 837.06 covers false official statements, and other provisions apply to sworn written statements made outside of court proceedings. The context determines which statute applies and whether the offense is a misdemeanor or felony.
Does it matter if the case I testified in was civil rather than criminal?
No. Florida’s perjury statutes apply to official proceedings broadly, including civil depositions, family court hearings, administrative proceedings, and grand jury testimony. The proceeding does not have to be a criminal trial for perjury charges to apply.
I made a mistake in my testimony and corrected it later in the same hearing. Am I still at risk?
Florida law provides a recantation defense for people who correct false statements during the same proceeding, before the falsity becomes apparent to others. Whether that defense applies depends on the specific timing and circumstances. That is a fact-specific question worth discussing with an attorney.
Can perjury charges arise from what I said to police before I was under oath?
Generally, perjury requires a statement made under oath or affirmation. Unsworn false statements to law enforcement may give rise to a different charge under Florida Statute 837.055, false reports to law enforcement, but that is distinct from perjury. The specifics of what you said, when, and in what setting all matter.
Is federal perjury charged differently than state perjury in Florida?
Yes. Federal perjury under 18 U.S.C. 1621 carries penalties of up to five years per count and is prosecuted in federal district court under different procedural rules. Federal investigations tend to be more resource-intensive and tend to involve longer investigative periods before charges are filed. The underlying elements, including materiality and knowing falsity, are similar but not identical to Florida state law.
If I was a witness in someone else’s case, can I still be prosecuted?
Yes. Witnesses who testify under oath are subject to perjury statutes regardless of whether they are a party to the case. Witnesses in criminal trials, civil depositions, and administrative hearings all testify under oath and can be charged if prosecutors believe the testimony was knowingly false.
Speak Directly With Omar Abdelghany About Your Tampa Perjury Case
OA Law Firm handles criminal defense exclusively, and Omar personally manages every case that comes through this office. You will not be handed off to a paralegal or an associate. From the first call through the resolution of your matter, you deal directly with your attorney. Omar is available around the clock for initial consultations, and he represents clients throughout the Tampa Bay area in both state and federal court. If you are facing a perjury charge in Tampa, contact OA Law Firm today to go through what happened and start understanding your options from someone who has actually handled these cases in Florida courts.
