Last Updated on May 9, 2025
You can’t be charged with obstruction of justice if you refuse to speak with the police, no matter how many police procedurals say otherwise. But while you have the right to remain silent (as long as you do it right by properly invoking your Fifth Amendment rights) and to have a lawyer present when you do speak to the police, lying to them is against the law. Your attorney can not only protect you from having your rights violated but also from saying anything that could be construed as false information,
Is it Illegal to Lie to the Police?
It doesn’t matter if you tell a white lie to help a friend, falsely accuse someone of a crime, or tell a serious lie to help cover up a criminal act, it’s always a bad idea to provide a false statement to the police. When an innocent person lies to the police, they could face criminal charges just for lying. Which specific charges you will face depends on the exact circumstances of your case.
Providing False Information to a Peace Officer
Under California Vehicle Code section 31 (VC), giving a false statement to an officer of the law is a misdemeanor, as is falsely representing yourself to a peace officer using fraudulent documents. This offense only applies to officers handling traffic crimes.
In other words, if you are pulled over while driving and provide a police officer, sheriff, or highway patrol officer a false name, an altered ID, or a fraudulent insurance certificate, you can face criminal charges. In the city of San Diego, the City Attorney that prosecutes all misdemeanor cases even files these charges against anyone accused of lying to the police about how many drinks they had. The District Attorney does not handle matters in the same way, but unfortunately, the City Attorney handles all misdemeanor DUIs within the city. If you have been pulled over, always avoid making false statements to the police, including lying about whether you have been drinking.
Providing false information to a police officer is punishable by up to 6 months in jail and a fine of $10,000. If you forged your vehicle registration paperwork though, this is a separate offense. DMV fraud can be charged as a misdemeanor or felony, with a maximum sentence of 3 years in prison.
Making a False Crime Report
Falsely reporting a crime is illegal under Penal Code 148.5 (PC). This charge applies whether it involves pointing the finger at another person you know to be innocent or just claiming a crime occurred. California’s false report law also makes it a crime to make fraudulent allegations in front of a grand jury. This offense is a misdemeanor punishable by up to six months in jail.
Obstruction of Justice
Though you have the right to remain silent, even if it makes it more difficult for police to perform an investigation, slowing down the investigation by telling a lie is illegal. If you tell a false statement that delays, impedes, or otherwise interferes with a police investigation, you could be accused of obstructing justice.
There is no actual criminal law prohibiting the obstruction of justice. Instead, the charges will be filed as offering or preparing false evidence, preparing or tampering with evidence, or resisting arrest.
Offering or preparing false evidence can be a misdemeanor or felony, with felony charges punishable by up to three years in prison. Civilian charges for preparing or tampering with evidence are misdemeanors, punishable by no more than six months in jail. Resisting arrest penalties are the same as those for offering or preparing false evidence, with a maximum sentence of three years in state prison.
Being an Accessory to a Crime
If you lied to help someone involved in a crime, you could also be charged with being an accessory after the fact. This offense can be either a misdemeanor, punishable by no more than one year in jail, or a felony, punishable by up to 3 years of prison.
Committing Perjury
It is illegal to lie to the police in most situations, but if you were under oath at the time, you could be charged with perjury. While most people accused of lying to the police are charged with misdemeanors, perjury charges are always felonies, punishable by up to four years in prison.
Fighting the Charges
Fortunately, there are defenses to all of these crimes. In almost all of these cases, the best defense to a charge involving providing false information to the police is simply arguing that you did not believe the information to be untrue. If you did not knowingly lie to the police, you cannot be charged with a crime. Before attempting to defend yourself against the charges though, always speak with a criminal defense lawyer. If the prosecutor can easily prove that you knew the information was false, claiming otherwise may make you appear dishonest, further harming your ability to defend yourself against these allegations.
Alternatively, if you lied to help someone accused of a crime but did so under duress because you were afraid for your safety or the safety of others, your duress can serve as a complete defense. However, this only applies if you can prove your claim is found to be valid.
If you have been accused of providing false information to the police, do not talk to anyone about the case without your attorney present. Doing so could harm your case. Please call (858) 486-3024 or (760) 643-4050 to schedule a free initial consultation with criminal defense lawyer Peter M. Liss.
