Giving false information to law enforcement is a crime in Florida whether you are a suspect, a witness, or simply someone present during a police investigation. Under § 837.05, an unsworn false statement made to an officer during a criminal investigation is a first-degree misdemeanor (up to 1 year in county jail); under § 837.02, a sworn false statement under oath is a third-degree felony (up to 5 years in state prison). These charges appear frequently as add-ons to other cases — and they can stand independently even after primary charges are dismissed.
Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.
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What Do Florida Statutes § 837.05 and § 837.02 Actually Prohibit?
Florida § 837.05 makes it a first-degree misdemeanor to knowingly give false information to any law enforcement officer who is conducting a criminal investigation, with the intent to mislead that officer or impede the investigation. Two requirements distinguish this from other false statement offenses: a criminal investigation must be underway, and the false information must have been given with the intent to mislead or impede.
Florida § 837.02 targets false statements made under oath. This includes testimony at trial, deposition testimony, sworn affidavits, grand jury testimony, and any other proceeding where the person is under oath or affirmation. A § 837.02 conviction is a third-degree felony. When the false statement is made in the prosecution of a capital felony, it escalates to a second-degree felony carrying up to 15 years in prison.
Elements the State must prove for § 837.05:
- The defendant knowingly gave false information to a law enforcement officer
- A criminal investigation was underway at the time
- The defendant intended to mislead the officer or impede the investigation
- The false information was material (capable of influencing the investigation)
When Do § 837.05 and § 837.02 Charges Arise?
In the 10th Judicial Circuit, I see these charges arise in the following common contexts:
- Traffic stops: Providing a false name, a false address, or a false account of events when the officer is conducting an investigation — even for a minor traffic violation that triggers a DUI investigation
- Domestic violence calls: Giving false accounts of an incident to responding officers who are conducting a criminal investigation at the scene
- Drug investigations: False statements about the ownership of contraband, the source of narcotics, or the identity of other parties involved
- Robbery and theft investigations: False statements about whereabouts, alibis, or the identity of other participants
- Deposition testimony: False testimony under oath in a civil or criminal deposition triggers § 837.02, not merely § 837.05
- Probation supervision contacts: False statements made to probation officers, who are law enforcement personnel under Florida law
- Sworn affidavits: Filing a sworn affidavit that contains material false information — for example, in support of an injunction application — can trigger § 837.02 prosecution
What Are the Penalties for These Offenses?
The penalty depends entirely on whether the false statement was sworn or unsworn:
- § 837.05 (unsworn statement to officer during investigation): First-degree misdemeanor — up to 1 year in county jail, up to 1 year probation, $1,000 fine
- § 837.02 (false statement under oath): Third-degree felony — up to 5 years in state prison, up to 5 years felony probation, $5,000 fine
- § 837.02 in a capital felony prosecution: Second-degree felony — up to 15 years, $10,000 fine
A § 837.02 felony conviction results in loss of firearm rights, loss of voting rights, and a permanent felony record. For non-citizens, a felony conviction involving false statements to law enforcement can have severe immigration consequences including deportation and bars to reentry. These consequences must be part of the defense calculus from the first consultation.
What Defenses Apply to False Information Charges in Florida?
The defense strategy in false information cases turns on the specific statute charged and the evidence available.
No criminal investigation underway. Section 837.05 specifically requires an active criminal investigation. A general welfare check, a non-criminal community policing contact, or a purely civil matter does not satisfy this element. If the officer was not conducting a criminal investigation when the false information was given, the § 837.05 charge fails on its face.
No knowing falsity. Both statutes require that the defendant knew the information was false. Confusion, misremembering, or a genuine mistake in fact is a complete defense. The State must prove the defendant knew the statement was false — not merely that the statement turned out to be inaccurate.
No intent to mislead. Section 837.05 requires the specific intent to mislead or impede the investigation. An inaccurate statement made without that specific intent — for example, giving wrong information due to nervousness or confusion — does not satisfy the intent element.
No oath for § 837.02. Perjury requires that the defendant was under a valid, properly administered oath at the time of the false statement. A defective oath, an informal statement, or a statement made outside a formally sworn proceeding does not qualify as perjury under § 837.02.
Materiality challenge. The false statement must be capable of influencing the investigation or proceeding. If the statement was on a peripheral or irrelevant matter that could not have affected any investigative outcome, materiality is contestable.
Miranda and Fifth Amendment suppression. If the false statement was obtained through custodial interrogation without proper Miranda warnings, or through a coercive interrogation that violated the Fifth Amendment, I move to suppress the statement. Suppressing the statement often eliminates the primary evidence in the case.
The Constitutional Right to Remain Silent Is Always the Better Option
The most important advice I give every potential client before any police encounter is this: you have an absolute constitutional right to remain silent. You are not required to answer investigative questions beyond providing your name in certain circumstances. You are never required to explain yourself, account for your whereabouts, or provide any information that might be incriminating.
Every § 837.05 case I have handled was avoidable. The defendant chose to speak — voluntarily, without counsel, under stress — and what they said turned out to be inconsistent with the evidence. If they had simply said “I am invoking my right to remain silent and I want to speak with a lawyer,” they would not have been charged. Invoking your right to remain silent cannot be used against you at trial. Providing a false statement absolutely can.
I say this not to be critical of clients who made that choice under impossible circumstances, but because understanding this principle before the next encounter — or before any client passes this information on to someone else — can prevent a criminal charge from ever arising.
How Do False Information Charges Connect to Accessory and Witness Tampering Charges?
When false information is given to law enforcement to protect another person, the State often charges both § 837.05 and § 777.03 (accessory after the fact) or § 914.22 (witness tampering). The combination creates significant felony exposure that is far more serious than any single charge standing alone.
If you gave false information to police to help conceal someone else’s involvement in a crime, you are potentially looking at a third-degree felony accessory charge stacked on top of the misdemeanor false information count. If the false information was given as part of an effort to influence a witness or prevent testimony in a pending proceeding, witness tampering charges under § 914.22 can also be filed — which is a felony on its own. These charging combinations happen regularly in the 10th Judicial Circuit and must be defended with a strategy that addresses each charge individually and the combination as a whole.
What Happens When a § 837.05 Charge Is Added to a Primary Felony?
When § 837.05 is stacked on top of a felony charge, it creates a two-front defense problem. The misdemeanor false information count is often used as a plea bargaining chip — prosecutors offer to drop it in exchange for a plea on the felony. Understanding whether that trade is actually favorable depends on the relative strengths of both charges and the total sentencing exposure after the trade.
I never accept a proposed plea without fully analyzing both counts. Sometimes the State’s evidence on the § 837.05 count is stronger than their evidence on the primary felony, and the strategic approach flips entirely from what the prosecutor expects. I have had cases where fighting the “minor” false information charge was the key to forcing a favorable resolution on the primary offense.
At sentencing, a § 837.05 conviction — even as a misdemeanor — adds to the factual narrative the judge considers. It tells the judge that the defendant not only committed the underlying act but then lied to police about it. The court can consider this at sentencing even if it does not score separate points on the scoresheet. Eliminating the false information count through pretrial motion or negotiation removes that narrative from sentencing entirely.
What Is Pre-Filing Intervention and How Does It Help in These Cases?
In Florida, the State Attorney’s Office makes the final charging decision — not the arresting officer. Between arrest and formal filing, there is often a window to intervene. I contact the assigned prosecutor, present exculpatory information, challenge the adequacy of the probable cause affidavit, and argue for a no-information decision (declining to file charges) or a reduction to a lesser charge.
Pre-filing intervention is particularly effective in § 837.05 cases because the charge so heavily depends on the specific statement made and the officer’s interpretation of intent. If I can show the prosecutor that the statement was ambiguous, that the defendant had a good-faith basis for what they said, or that the investigation was not truly “criminal” in nature at the time of the statement, the charge may never be formally filed. A case that is never filed never creates a criminal record — which is always the best possible outcome.
Frequently Asked Questions: False Information to Law Enforcement in Florida
What is the difference between § 837.05 and § 837.02 in Florida?
Section 837.05 covers unsworn false statements made to law enforcement officers during an active criminal investigation — a first-degree misdemeanor carrying up to 1 year in county jail and a $1,000 fine. Section 837.02 covers false statements made under oath in a formal proceeding — a third-degree felony carrying up to 5 years in state prison and a $5,000 fine. The presence or absence of a valid oath at the time of the statement determines which statute applies and the severity of the criminal charge.
Can I be charged for lying to police even if I’m not under arrest?
Yes. Section 837.05 applies whenever a person knowingly gives false information to an officer conducting a criminal investigation — regardless of whether the person is under arrest, detained, or even the subject of the investigation. Witnesses and bystanders can be charged.
Does the Fifth Amendment protect me from a § 837.05 charge?
No. The Fifth Amendment protects you from compelled self-incrimination. If you choose to speak voluntarily and lie, you have waived that protection. Your right is to stay silent, not to give a false answer. Invoke that right rather than offering any statement you are unsure of.
What makes a false statement ‘material’ under Florida law?
A statement is material if it has a natural tendency to influence or is capable of influencing the investigation. It does not have to actually deceive anyone — it only needs to be the type of statement that could affect the investigation’s outcome. Courts apply this standard broadly.
What is the penalty for perjury under § 837.02?
Perjury is a third-degree felony — up to 5 years in state prison and a $5,000 fine. In a capital felony prosecution, it escalates to a second-degree felony carrying up to 15 years.
Can a false information charge be sealed or expunged?
A § 837.05 misdemeanor with a withhold of adjudication is eligible for sealing under Florida § 943.059 after completion of any sentence conditions. A § 837.02 felony conviction is not expungeable under any circumstances. Pursuing a withhold or outright dismissal from the very first court appearance is essential to preserving future sealing eligibility.
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