California makes it a crime to falsely report a crime to certain law enforcement officials
In recent weeks, there has a rash of news reports of women and men alike making allegations of sexual assault, harassment and misconduct against politicians, actors, directors and others. This has resulted in many of the accused losing their jobs, going to treatment, resigning from their positions, or simply going into hiding. Some of those accused have declared that their accusers are lying. In another development, it appears that one group attempted to plant a false sexual assault allegation against a political candidate in a major news outlet, which the news outlet uncovered and ran the story about the attempt to deceive them instead.
While the #MeToo movement has certainly changed the narrative around sexual assault in the United States, and gotten more people to understand the reasons why victims may wait to report an assault, the narrative of “believe all victims” can be damaging when it comes to due process and the criminal justice system. After all, there are situations where a person has motivation to lie, and there have been many documented cases where a person has been falsely convicted of sexual assault. That is why it is so important to have a skilled criminal defense lawyer in Riverside, CA to represent you if you have been charged with a sex crime.
Under California law, it is a crime to make a false report of a misdemeanor or felony crime to a police or peace officer, a prosecutor, a grand jury, or a state or local employee who is assigned to accept reports from citizens (i.e., a 911 operator). In order to be convicted of this crime, the person making the report must know that the report is false when he or she is making it. If he or she has a good faith belief that the crime actually did occur, and turns out to be mistaken, then the crime cannot be charged. Making a false police report is a misdemeanor crime, punishable by up to six months in county jail. In deciding sentencing, a judge will consider a number of factors, such as the person’s motive for making the false report, his or her criminal history, and the consequences of the false report.
Making a false police report can ruin another person’s life, such as in the case of a knowingly false accusation of sexual assault or rape. However, there are situations where a person makes a report to the police under the belief that the allegation is true, and is then charged with a crime when it turns out that the allegation is false. In those situations, a seasoned criminal defense lawyer in Riverside, CA can assist with an aggressive defense against a false report charge.
If you have been charged with a crime for making a false report or other crimes, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. We will work with you to achieve the best possible outcome.
