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I encountered perjury charges most often in the context of domestic violence cases and family court disputes. A complainant recanted their testimony under oath, and the State Attorney filed perjury charges. Or a defendant testified at a hearing and their statements were contradicted by physical evidence or surveillance footage. Either way, the result was the same: a new felony case layered on top of whatever brought the person into the courthouse in the first place.
Perjury is unusual among criminal offenses because it happens inside the courtroom. Most crimes occur on the street, in homes, at businesses. Perjury is committed in front of the judge, on the record, with a court reporter typing every word. The evidence is often the transcript itself compared to known facts. This proximity to the judicial process is what makes judges react so strongly when perjury charges are filed.
The Florida Perjury Statutes
Florida has three primary statutes covering false statements, each with different elements and penalties:
F.S. 837.02: Perjury in Official Proceedings
This is the most serious perjury statute. It applies when a person makes a false statement under oath in an official proceeding, which includes trial testimony, depositions, sworn hearings, and affidavits filed with the court. The elements the State must prove are:
- The defendant made a statement under oath or affirmation.
- The statement was made in an official proceeding.
- The statement was false.
- The defendant knew the statement was false when they made it.
- The false statement was material to the proceeding.
Penalty: Third-degree felony. Up to 5 years in state prison, $5,000 fine. Standard bond range: $5,000 to $15,000.
In capital cases (murder trials where the death penalty is sought), perjury is elevated to a second-degree felony with a maximum of 15 years in prison. Standard bond range: $15,000 to $50,000.
F.S. 837.012: False Sworn Statements Not in Official Proceedings
This covers false statements made under oath outside of court proceedings. Common examples include false information on sworn applications (insurance claims, government benefit applications, loan applications), false notarized statements, and false affidavits submitted to agencies other than courts. Penalty: First-degree misdemeanor. Up to one year in jail, $1,000 fine. Standard bond: $1,000 to $2,500.
F.S. 837.05: False Reports to Law Enforcement
This statute covers filing a false police report or giving false information to law enforcement officers during an investigation. It applies when a person knowingly gives false information to an officer about a crime that was allegedly committed. The most common application is filing a false criminal complaint against someone. Penalty: First-degree misdemeanor. Up to one year in jail, $1,000 fine. Standard bond: $500 to $1,500.
How Perjury Charges Arise
Recantation in Domestic Violence Cases
The most common perjury scenario I saw involved domestic violence complainants who gave sworn statements or testimony, then later attempted to retract those statements under oath. A victim gives a sworn statement to police describing an assault. The defendant is arrested and charged with domestic battery. At some point during the prosecution, the victim comes to court and testifies that the original statement was false, that they made it up because they were angry, or that the injuries were self-inflicted.
The State Attorney's Office faces a dilemma: either the original statement was true (and the defendant committed battery) or the recantation is true (and the original statement was perjury). Either way, someone lied under oath. If the State believes the recantation itself is false, meaning the victim is now lying to protect the defendant, the State may file perjury charges against the victim for the false recantation. If the State believes the original statement was false, perjury charges may be filed for the initial complaint.
This dynamic is discussed in our guide on being arrested after calling 911 and our witness tampering article. The intersection of domestic violence prosecution and perjury creates some of the most emotionally charged cases in the Florida court system.
Contradicted Testimony
Less emotionally fraught but equally consequential are perjury charges arising from testimony contradicted by hard evidence. A defendant testifies at a hearing that they were at home on the night of the alleged crime. Surveillance footage from a gas station three blocks from the crime scene shows them there at the relevant time. The State files perjury charges based on the testimony plus the contradicting evidence.
False Information in Court Filings
Perjury charges can also arise from false information in sworn court documents. Financial affidavits filed in family court that understate income or assets. Sworn motions that contain material falsehoods. Affidavits filed in support of bond reduction hearings that misrepresent employment status or community ties. Any sworn document filed with the court that contains a knowing material falsehood can serve as the basis for a perjury prosecution.
How Perjury Affects Bail on Existing Cases
Like tampering charges, perjury creates a cascading effect on bail:
- New case, new bond: The perjury charge is filed as a separate case with its own bond amount, typically $5,000 to $15,000 for felony perjury in an official proceeding.
- Motion to increase existing bond: The State Attorney on the original case will almost certainly file a motion to increase bail, arguing that the defendant's willingness to lie under oath demonstrates they cannot be trusted to comply with conditions of release.
- Bond surrender risk: The bail agent on the original case may file a bond surrender because the perjury charge changes the risk profile. A defendant who lies under oath is, from the agent's perspective, a defendant who may also disappear rather than face the consequences.
- Credibility destruction: Every judge who handles the defendant's cases going forward knows about the perjury charge. Requests for bond reduction, motions for favorable rulings, and testimony at future hearings are all viewed through the lens of "this person has been charged with lying under oath."
What Families Should Know
- Do not encourage anyone to lie under oath. This applies to defendants, witnesses, and especially domestic violence complainants who may feel pressure to recant. The consequences of perjury are severe, and asking someone to commit perjury can result in additional charges for the person doing the asking.
- Talk to the defense attorney before testifying. Any defendant or witness who is unsure about how to answer a question under oath should discuss it with an attorney before taking the stand. The Fifth Amendment right against self-incrimination applies in many situations where a truthful answer could expose the witness to criminal liability.
- Budget for additional bail costs. If perjury charges are filed on top of an existing case, the total bond obligation increases substantially. A $5,000 original bond plus a $10,000 perjury bond means $1,500 in total premiums.
- Understand the credibility damage. Even if the perjury charge is eventually resolved favorably, the accusation itself affects how judges perceive the defendant. This damage extends beyond the criminal case into any family court, civil, or administrative proceedings.
Frequently Asked Questions
What is the penalty for perjury in Florida?
Perjury in an official proceeding (F.S. 837.02) is a third-degree felony, up to 5 years in prison and $5,000 fine. In capital cases, it is a second-degree felony with up to 15 years. False sworn statements outside official proceedings (F.S. 837.012) are a first-degree misdemeanor, up to one year.
What is the difference between perjury and making a false statement?
Perjury (F.S. 837.02) covers false statements under oath in official proceedings like trials, depositions, and hearings. False sworn statements (F.S. 837.012) cover false statements under oath outside official proceedings, like applications and notarized documents. False reports to law enforcement (F.S. 837.05) cover filing false police reports. Each has different penalties.
How does a perjury charge affect an existing bail bond?
It creates a separate case with its own bond. The State Attorney on the original case can file to increase that bond. The bail agent may surrender the original bond due to increased risk. Every judge involved sees the perjury charge, which destroys credibility for future requests.
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