What is the punishment for filing a false police report? (2023)

Posted on May 9, 2022

The punishment for filing a false police report is usually up to a year in jail. However, not all states treat the offense as a misdemeanor. Some states treat it as a felony that carries more than a year in prison.

Falsely accusing someone could also lead to civil claims, such as defamation. Other charges may be filed, as well, such as auto insurance fraud.

What are the penalties for filing a false police report?

The criminal penalties for filing a false police report depend on the state. Most states, however, treat the offense as a misdemeanor. A criminal charge for false reporting is not the only possible punishment, though. People who file a false police report may face additional charges, such as

• perjury,
• fraud, or
• obstruction of justice.

They may also face civil claims, like defamation.

By establishing an attorney-client relationship with a criminal defense attorney from a reputable law firm, defendants can try to escape from these penalties by beating the charge.

Criminal penalties for filing a false report

Under most state laws, filing a false police report is a misdemeanor offense. Convictions of misdemeanor charges carry up to a year in jail. Convictions can also lead to:

• fines, and
• probation.

For example, in Colorado, the offense of false reporting of a crime or another incident carries:

• up to 6 months in jail,
• between $50 and $750 in fines, and
• probation.¹

Similarly, in Nevada, a conviction for a false report case carries:

• up to 6 months in jail,
• up to $1,000 in fines, and
• probation.²

However, not all states treat the offense as a misdemeanor.

In New York, for example, there are 3 degrees of falsely reporting an incident. First-degree false reporting, the most severe type in New York, is a class D felony charge.³ Convictions carry up to:

• 7 years in state prison, and
• $5,000 in fines, or twice what the defendant gained from the offense.⁴

In addition to fines, jail time, and the strict terms of probation, people convicted for filing a false report will also be penalized by the blemish on their criminal record. Anyone convicted for a crime with have a record of it on their criminal background. This can lead to stigmatization and lost opportunities.

Additional criminal charges

Depending on the circumstances, a defendant facing a charge for filing a false police report may face other criminal charges, as well. Some of these charges may carry harsher punishments than the charge for filing a false report. Common charges to be filed alongside making a false police report are:

• perjury,
• obstruction of justice,
• disrupting a criminal investigation,
• filing a false report of terrorism,
• false statements to a police officer, and
• insurance fraud.

For example: T.J. was driving under the influence of alcohol (DUI) when he crashes his car and breaks the back fender. Worried that his insurance will not cover the damage because he was drunk, he drives home and parks the car on the street. The next morning, he calls 911 to report that his parked car was damaged by a hit-and-run driver. Based on this misinformation, T.J.’s insurer covers the property damage.

Civil claims

People who file a false police report may also be punished with a civil lawsuit. This is especially common when the police report claims that someone else has committed a crime. The person alleged to have committed a crime can sue the person who filed the false report. That lawsuit will often be for:

• intentional infliction of emotional distress, and/or
• defamation.

If successful, these lawsuits can lead to a substantial verdict or settlement against the defendant.

The best way to avoid liability and a civil judgment is to get the legal help of a criminal defense lawyer. By keeping the prosecutor from proving the false reporting case beyond a reasonable doubt, it can undermine a subsequent civil lawsuit.

What is the crime of filing a false police report?

Filing a false police report is the criminal offense of making a report to law enforcement that is known to be false.

The defendant must know that the information is false for it to be a crime. Misspeaking or saying something that the defendant believed to be true do not suffice.

Defendants can file a false report if they are interacting with any of the following people:

• police officers,
• peace officers,
• prosecutors,
• district attorneys,
• grand juries, or
• law enforcement employees who take reports from citizens, like 911 operators.

Filing a false police report is one of several types of speech that is left unprotected by the First Amendment. The right to Free Speech does not cover knowingly filing a false police report.

Does this include lying to a police officer?

In some states, lying to a police officer is a distinct offense. In others, it is included in the criminal law that forbids filing a false police report.

What are some legal defenses to the charge?

Defendants accused of filing a false report with police can raise a legal defense to combat the charge. 3 of the most common defenses are:

1. a good faith belief that the report was true,
2. false accusations, and
3. the report was not made to the correct authorities.

If the defendant truly believed that the report was not false, it is a strong defense to the charge. This includes when the defendant’s belief was mistaken. Filing false reports require the defendant to make them while knowing that they are not true. That lack of knowledge can be a good defense to make.

Defendants can also defend themselves by showing that they are being falsely accused. Accusing someone of making a false police report is one way for vengeful people to get back at someone else. Showing that the allegations are false, themselves, can be tricky. It is often done by presenting evidence that the person making the accusation is acting with an ulterior motive.

It is also a defense to show that the report was not made to the right authorities. Criminal statutes and court decisions define who has to receive the report for it to fall under a false reporting law. If the recipient of the report is not the right authority figure, it can be a strong defense.

For example: At a town council meeting, Barbara accuses her neighbor of peeking while loitering, knowing it to be false information. If her state’s criminal law against filing a false report does not cover town councilmen, then this can be a strong defense.

An experienced defense attorney can help raise the best defense for a particular case.

What is the law in California?

In California, making a false police report is defined by California Penal Code 148.5 PC. It is a misdemeanor that carries punishments of:

• up to 6 months in county jail,
• misdemeanor (summary) probation, and/or
• up to $1,000 in fines.⁵

The offense also covers instances where the defendant gives a false statement to law enforcement officers who are doing a police investigation for a report that was made by someone else.⁶

People accused of filing a false police report can also be charged with the similar offenses:

• false report of an emergency (Penal Code 148.3 PC),
• false report of a fire (Penal Code 148.4 PC),
• providing false identification to a police officer (Penal Code 148.9 PC), or
• giving false statements to a police officer (Vehicle Code 31 VC).

However, defendants who get convicted for making a false police report may be able to get it expunged.