Last Updated on January 31, 2025
We’ve all been annoyed, angered, or scared of someone before —sometimes all three at once. However, falsely accusing someone of a crime is illegal under California Penal Code section 148.5 (PC), meaning it is a poor choice for those hoping to seek revenge or prank others. This penal code also makes it a crime to file a false police report to commit insurance fraud or for other financial gain. If you have been accused of filing a false police report or making false statements to an officer in San Diego, please call criminal defense attorney Peter M. Liss.
Is Filing a False Police Report Illegal?
Yes. But to be convicted, the prosecution typically must be able to prove:
- someone made a report of a misdemeanor or felony crime (note that false allegations of an infraction are not a crime under this law)
- these false statements were made to an authority figure, including a police officer, prosecutor, grand jury, a 9-11 operator, or state or local employee that takes these types of reports
While less common, this charge can also be filed when someone provides a false statement to a police officer to back up a report of a crime made by a third party.
You Must Know the Report Was False
Wrongly reporting an activity you believed to be illegal is not a crime as long as you thought the information reported to the police report was accurate. Instead, to be guilty of this crime, you have to report a crime to the police or tell this information to a grand jury, knowing the information you shared was false.
For example, if you call 9-11 and tell them someone is driving drunk based on their swerving from lane to lane, it wouldn’t be a crime if an officer pulled them over and discovered the driver had spilled coffee on his lap. On the other hand, if you lied and told police you saw someone you dislike threatening another person with a baseball bat just to get him in trouble, you would be committing a crime.
Some of the most common crimes people falsely report are those that require the authorities to believe one person’s word over another, such as rape or domestic violence.
Falsely Reporting a Crime for Insurance Fraud
You need not point the finger at a particular individual to be charged with making a false police report in California. If you say you were robbed when you weren’t, you can still be charged with this crime even if you don’t accuse anyone specifically. In fact, this crime is often charged along with insurance fraud, as people frequently make false police reports to obtain insurance compensation for a loss that would not otherwise be covered.
In addition to false claims, material omissions can also get you prosecuted for filing a phony insurance claim. Insurance companies have whole departments dedicated to uncovering fraud, so if you have any reason to believe that you may be under investigation, please call a defense attorney in San Diego as soon as possible.
What is the Penalty for False Accusation in California?
Filing a false police report is a misdemeanor, punishable by no more than 6 months in county jail and a fine of $1,000.
Making a false report to law enforcement officials is a much less serious crime than the false reporting of an emergency (sometimes called “swatting”), filed under 148.3 (PC). Because emergencies are much higher risk and these crimes unnecessarily tie up first responders, false emergency charges are usually punishable by up to one year in jail. In cases where someone was harmed, the offense becomes a felony, punishable by up to 3 years in prison.
The Burden of Proof
To be convicted of filing a false police report under 148.5 (PC), the prosecution must prove that you knowingly made a crime report using false information. Proving someone knew something was untrue can be challenging, so police typically attempt to get those accused of these charges to confess during interrogation. A defense lawyer can help protect your rights during these interviews and ensure you do not say something that could later hurt your defense. It can be easy to accidentally admit that you knew an accusation was false without a lawyer to protect your rights.
Related Charges
Accusing someone of a crime you know they did not commit can result in additional charges if the matter is taken to trial and you testify against that person. In these cases, you can face perjury charges on top of those related to filing a false police report. Perjury is a much more serious offense, punishable by up to 4 years in prison.
Additionally, many people facing these charges can also be accused of 653x (PC), “calling 9-11 to harass.” This crime can be filed against anyone who calls 9-11 to annoy or harass others, rather than to report an emergency.
If you have been accused of or believe you may be accused of filing a false police report, please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation with top criminal lawyer Peter M. Liss.
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