Is It a Crime to File a False Police Report?

Is It a Crime to File a False Police Report?

Is It a Crime to File a False Police Report?

Be careful what you say to law enforcement because filing a false police report is a crime in California. Report does not necessarily mean a formal way of documenting activities. Instead, it can be a crime to only falsely allege that a felony or misdemeanor took place. In the most serious cases, filing a false police report can result in a sentence that includes jail time. Therefore, you need to be aware of when you can commit crimes when talking to the police.

What Is Criminal Filing a False Police Report?

To convict you of the crime of filing a false police report, a California prosecutor must prove that you made a false report of a misdemeanor or felony crime to a person or organization of a certain “authority.”

The “authorities” contained on the list of those you cannot make a false report to include:

  • Police officers
  • State troopers
  • Prosecutors
  • Grand jurors
  • State or local employees who receive reports from residents, such as 911 dispatchers and operators

So, for example, if you call 911 and say that someone broke into your house when you know no one has, you can be convicted of filing a false police report.

But it is not just actively reporting crimes yourself that can get you in trouble. Instead, if police or prosecutors are investigating an alleged crime, you cannot give them a false statement. Even if you are not under oath or sworn, if you provide police with false information at a crime scene, you can be charged.

How Do You Defend Against Charges?

The best arguments against charges of filing a false police report focus on whether you believed the information was true. In the above example, imagine you came home to find your back window smashed. You call the police to report a break-in. When law enforcement comes to your house, their investigation leads them to a baseball rolled under your kitchen cabinets. Even though it was false that someone broke into your home, because you believed someone did, you did not commit a crime.

You can also argue that a false report was not made to a required “authority.” For example, security guards at malls are not considered authorities for the purpose of this law. Therefore, you could not be charged with filing a false police report if you play a prank and tell a mall guard that your friend stole something from the department store.

Punishments for Filing a False Police Report

If you are charged in California with filing a false police report, you will face misdemeanor penalties. The maximum sentence for filing a false police report includes up to six months in jail and a fine of up to $1,000.

A judge has the ability to order you to serve summary probation instead of jail time for filing a false police report. Whether you receive probation will be determined by your criminal record and the facts of the case. Generally, this is not a crime that results in lengthy jail time. Additionally, once you have fully completed your sentence, including any probationary terms, you can seek to have the conviction expunged from your record.

If you are charged with filing a false police report in Garden Grove, California, you will need a skilled criminal defense team. Contact the knowledgeable lawyers at the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free case consultation.

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