Florida Perjury Charges: Penalties, Defenses & What the Data Shows

Updated September 2026 · 2023-2025 data

If you're facing perjury charges in Florida under § 837.02, you're confronting a serious felony that could result in years in prison. Perjury accusations arise when prosecutors believe you knowingly made false statements while under oath during an official legal proceeding. Whether this occurred during testimony in a criminal trial, deposition, or before a grand jury, Florida takes these charges seriously as they strike at the heart of our judicial system's integrity.

Understanding your rights and potential defenses is crucial, as our analysis of Florida court data reveals significant variation in how these cases are resolved across different counties. While the charges are serious, many defendants successfully challenge perjury allegations or secure favorable outcomes through skilled legal representation.

What Florida Law Says

Florida Statute § 837.02 defines perjury as knowingly making a false statement under oath in an official proceeding when that statement is material to the subject matter of the proceeding. To secure a conviction, prosecutors must prove several specific elements beyond a reasonable doubt:

• Official Proceeding: The false statement must have been made during a judicial proceeding, deposition, legislative hearing, or other official proceeding where oaths are administered
• Under Oath: You must have been sworn to tell the truth, either through a formal oath or affirmation
• False Statement: The statement made must be factually incorrect or misleading
• Knowledge: You must have known the statement was false at the time you made it
• Materiality: The false statement must be relevant and potentially capable of influencing the proceeding's outcome

The materiality requirement is particularly important, as Florida courts have consistently held that trivial or irrelevant false statements cannot support perjury charges. Under Florida Rules of Criminal Procedure, Rule 3.140 governs how these charges are typically brought, often through information filed by the State Attorney's office.

Florida law also recognizes that contradictory statements alone don't automatically constitute perjury. The prosecution must prove which statement was false and that you knew it was false when made. This creates important defense opportunities that experienced attorneys can exploit.

Penalties

Perjury penalties in Florida vary based on the underlying proceeding where the alleged false testimony occurred:

Third-Degree Felony (Standard Perjury):

• Up to 5 years in Florida State Prison
• Up to 5 years of probation
• Fines up to $5,000
• Felony conviction on permanent record

Second-Degree Felony (Capital Case Perjury):

• Up to 15 years in Florida State Prison
• Up to 15 years of probation
• Fines up to $10,000
• Higher Criminal Punishment Code scoresheet points

Under Florida's Criminal Punishment Code, perjury carries a Level 6 offense severity ranking for third-degree felony charges, with 36 sentence points. This means that even first-time offenders may face prison time depending on their total scoresheet calculation. However, judges retain discretion to withhold adjudication in appropriate cases, which can prevent the formal felony conviction.

Additional consequences include potential loss of professional licenses, immigration consequences for non-citizens, and permanent damage to credibility in any future legal proceedings. Florida law also allows for restitution orders if the perjury caused financial harm to other parties.

Common Defenses

Lack of Knowledge: If you genuinely believed your statement was true when made, you cannot be convicted of perjury. This defense often involves demonstrating confusion, misunderstanding, or reasonable belief in the accuracy of your testimony.

Immaterial Statement: Prosecutors must prove your false statement was material to the proceeding. If the statement was irrelevant or couldn't have influenced the outcome, it cannot support a perjury conviction under Florida law.

Lack of Specificity: Vague, ambiguous, or evasive answers that are literally true cannot constitute perjury, even if misleading. Florida courts require precise false statements of fact.

Recantation: While not a complete defense, promptly correcting false testimony in the same proceeding can demonstrate lack of intent to deceive and may lead to reduced charges or dismissal.

Constitutional Violations: If your original testimony was compelled in violation of Fifth Amendment rights, or if there were other procedural violations, the perjury charges may be dismissed.

Insufficient Evidence: Given the high burden of proof, challenging the prosecution's evidence regarding your knowledge, the statement's falsity, or its materiality can be effective defense strategies.

Pre-Trial Diversion and Alternatives

Florida offers several alternatives to traditional prosecution for perjury defendants, particularly first-time offenders:

Pre-Trial Intervention (PTI): Many Florida counties offer PTI programs for felony defendants without significant criminal histories. Successful completion typically results in charge dismissal. Eligibility varies by county and prosecutor discretion.

Pre-Trial Diversion: Similar to PTI but often involving community service, counseling, or educational components. These programs recognize that some perjury cases involve poor judgment rather than criminal intent.

Deferred Prosecution: Some State Attorney offices may defer prosecution pending completion of specific requirements, such as community service or testimony truthfulness courses.

Plea Negotiations: Experienced attorneys often negotiate reduced charges to misdemeanor offenses like giving false information to law enforcement (§ 837.05) or contempt of court, which carry significantly lighter penalties.

Adjudication Withheld: Even with a plea or conviction, Florida judges can withhold adjudication, preventing the formal felony conviction while still imposing probation and other conditions.

What Our Data Shows

FloridaCourtFile tracks how perjury charges are actually resolved in Florida’s courts, county by county. View perjury outcomes by county — the statewide table on this page updates with each monthly data refresh.

Outright dismissal of a filed perjury charge is uncommon in the court records — far less common than most defendants expect. The most common alternative to a formal conviction is adjudication withheld, and how often courts grant it varies enormously from county to county — some grant it rarely, others in a large share of resolved cases. A clear majority of resolved cases statewide end in a guilty outcome. Where your case is heard matters.

Because these numbers move with every monthly refresh, the current statewide guilty, dismissal, and withheld rates are published in the live data table on this page rather than in this text — and the county pages break each rate out wherever there is sufficient case volume.

Next Steps

Perjury charges require immediate attention from an experienced Florida criminal defense attorney who understands both the legal complexities and local court practices. The prosecution must meet a high burden of proof, and skilled attorneys can often identify weaknesses in the state's case or negotiate favorable resolutions. Don't face these serious charges alone – schedule your free case review today to discuss your specific situation and begin building your defense strategy.