Making a False Report of a Crime

Making a false police report in California is a crime that can attract severe repercussions. The law that covers this offense is outlined under Penal Code 148.5. This law targets people who knowingly make a report of a crime that they are aware did not happen. The law considers this a crime whether you make this false report to police officers, the grand jury, or the district attorney. You could face the charges because a false report could potentially waste public resources and divert attention from actual offenses. The penalties you can face for committing this offense include fines and a jail term. The Law Offices of Anna R. Yum has reliable attorneys who can help you if you are accused of making a false report of a crime in San Diego, CA.

Making A False Report Of A Crime – Penal Code 148.5

The offense of making a false report of a crime is outlined under Penal Code 148.5. You can face severe consequences if you report a false incident to the police or other law enforcement-related agencies, such as a district attorney or an employee of a police department in charge of taking reports.

You can be guilty under PC 148.5 for filing a false police report if you report to any peace officer, district attorney, or attorney general that a misdemeanor or felony has been committed, despite knowing that the report is false. Penal Code 148.5 only applies to people who are aware that they are making a false report to the police performing their duties. For example, you cannot face charges under this law if you report a false incident to an off-duty police officer. 

The Elements

If the prosecutor accuses you of making a false report of a crime, he/she should prove these elements:

• You reported falsely that a misdemeanor or felony had been committed
• You reported to the law enforcement or other official as described under the law
• The officer to whom you reported was acting in their official capacity at the time
• You were aware that the report you made was false
• You made the report with the intention of deceiving the authorities

Acting In Official Capacity

You will face misdemeanor charges under Penal Code 148.5 if you knowingly report to a police officer or other authority acting in an official capacity. This means that when the police officer was engaged in official duties, you report that a misdemeanor or felony was committed, despite knowing that the report is false. Penal Code 148.5 covers the reports made to various law agencies, such as:

• Grand jury
• Deputy district attorney
• Deputy Attorney General
• Attorney general
• Police officers, and
• Any employee of an agency assigned to receive crime reports

The Exception To The Law

Mandatory reporters are exempted from Penal Code 148.5. They are allowed by the law to report suspected acts of elder abuse, child abuse, or dependent adult abuse. Mandatory reporters include the following:

• Daycare administrators and staff
• Employees and administrators of day camps and other children or youth-oriented programs
• Members of the clergy
• Medical professionals like doctors and nurses
• Teachers and school staff

Mandatory reporters are also required to give truthful reports, but this exception applies to prevent them from fearing criminal repercussions for doing their work.

Penalties For Violating Penal Code 148.5

You can face misdemeanor charges for filing a false police report. Sometimes, people who file a false police report can face additional charges, like:

• Obstruction of justice
• Fraud, or
• Perjury

You can also face civil charges like defamation. The judge can impose the following penalties if you are guilty of violating Penal Code 148.5:

• A fine not exceeding $1,000
• A jail term that does not exceed six months in a county jail
• Probation

Probation Under PC 148.5

The judge can grant you probation for violating Penal Code 148.5 as an alternative to serving a jail term. Your probation can last for a period that does not exceed one year but can also last two years. In most cases, your attorney can negotiate with the prosecutor to agree to probation as part of a plea bargain. In other situations, an attorney can negotiate with the judge to grant you probation during sentencing.

Informal probation often includes no jail term, but this is not guaranteed. If a probation sentence includes a jail term, it will be for a short period. You will not serve any jail term if you comply with all the terms of probation. On the other hand, the judge can revoke probation and put you in custody if you violate probation conditions.

The Terms And Conditions Of Misdemeanor Probation

Misdemeanor probation conditions are:

• Reasonable and logically related to the crime, and
• Fitting and appropriate to the end that justice can be done

Misdemeanor probation is often imposed for up to 36 months. Sometimes, the court can extend the term of probation to 48 or 60 months. Misdemeanor probation can be only 12 or 24 months in other, less severe cases.

In most situations, the main feature of misdemeanor probation is the imposition of certain terms and conditions that you must follow. You must agree to comply with these conditions to be put on misdemeanor probation.

Following all laws and court orders is the most important condition of any misdemeanor probation. Any subsequent arrest for another misdemeanor or failure to follow court orders can lead to a probation violation. The other common conditions of misdemeanor probation include:

• Complete community service hours
• Seek employment
• Payment of fines or restitution to the victim
• A ban on taking drugs or alcohol
• Attend a drug or alcohol abuse program
• Participate in group therapy or counseling
• Agree to random drug tests
• Make all court appearances as required
• Complete various treatment programs, such as anger management
• Avoid contact with criminals

If the court imposes a misdemeanor probation, you must report back to court periodically. The judge will review your case, progress, and status, then address any concerns, issues, or questions. You will be deemed to have violated probation if you fail to report to court as ordered. If this happens, the judge can issue a bench warrant for your arrest.

Expungement Of Penal Code 148.5 Charges

A misdemeanor expungement is a legal process that sets aside your no-contest or guilty plea and dismisses your charges. The law aims to reward people who have undergone rehabilitation and want to get their lives back. This process is legally called 1203.4 dismissal.

Penal Code 1203.4 permits defendants who have completed their sentence for a misdemeanor crime to petition the court to have their conviction dismissed. The judge can allow you to withdraw your plea of no contest or guilty if your petition goes through. If you were convicted, the judge would set aside the guilty verdict and dismiss the allegations against you. The result is that your conviction will not appear in most employment background checks. This will allow you to answer ‘’no’’ when asked on a job application if you have been convicted of an offense.

However, you must meet the following criteria for you to qualify for expungement under Penal Code 1203.4:

• You must pay all your court-ordered fees and fines
• You must not be facing any other charges and should not be serving any other sentence when you file for the expungement
• You must have completed probation

Additionally, you can only be eligible for a misdemeanor expungement if your misdemeanor case is not among the prohibited categories itemized in the California Penal Code. You will be eligible for Penal Code 148.5 expungement because most prohibited categories are felonies.

You can boldly say that you were not convicted once your previous PC 148.5 conviction has been expunged. However, you must disclose your PC 148.5 conviction in following circumstances:

• When contracting with a Lottery Commission in California
• When pursuing a license from a local or state agency
• If asked on application or questionnaire for public office

Additionally, your PC 148.5 conviction can still be considered by the Department of Motor Vehicles in suspending or revoking your driver’s license.

Even after an expungement, your criminal record will still be visible to the law enforcement officers. However, the record will not be visible on public domains.

Defenses To Penal Code 148.5 Charges

You can present the following defenses to fight your Penal Code 148.5 charges:

You Are A Victim Of Police Entrapment

You can present an entrapment defense if the police persuaded or induced you to make a false report, an act you would not have otherwise engaged in. The purpose of this defense is to prevent the police from encouraging or enticing people to commit offenses for the sole purpose of arresting and convicting them. For example, the undercover police can repeatedly pressure and persuade you with no prior criminal record to make a false crime report. If this happens, you have a valid reason to claim you are a victim of police entrapment. However, you must show that the police conduct was so coercive or deceptive that it induced you to write a false report for a crime.

On the other hand, entrapment defense will not be admissible in court if you had prior disposition to make a false report for a crime. For example, entrapment will not apply if you have a record of making a false report and the undercover police provides an opportunity for you to do so. The key element in this defense is to prove that you would not have made the false report without the police involvement and coercion.

You Acted Out Of Necessity

Necessity defense can be admissible in court if you made a false report to avoid severe repercussions or address an emergency. For example, you could be in a car that is often driven under high speed and you claim in your report that it caused an accident. You must show that your false report helped to address the driver’s behavior and prevent significant harm in future.

Acting Under Duress

You can claim duress as a defense if you made the false report under the immediate threat of injury or harm, with no viable option to avoid committing the offense. For example, you could have been kidnapped and threatened with serious harm or death unless you make a false report. You must prove that you had no other choice but to make a false report for a crime to avoid harm.

Intoxication

Intoxication can be categorized as involuntary or voluntary. Involuntary intoxication can happen when you become intoxicated against your will. For example, a person can spike your drink at a party, leading to your intoxication and ask you to make a false report.

Voluntary intoxication is where you deliberately consume intoxicating substances. For example, you can be charged with fraud for intentionally making a false report to obtain money. You can claim that your intoxication prevented you from forming intent to deceive others.

You Did Not Make A False Report

If you did not make a false report, you cannot be guilty under Penal Code 148.5. This can be the case if the police mistook another person’s report for your own. This defense can be admissible in court if you were not in physical control of the false report. But even then, you can still argue that:

• The false report belonged to a friend
• Someone else slipped the false report in your pocket to avoid criminal liability

You Did Not Know You had A False Report

Even if you physically had the false report but did not know you were doing so, then you have committed an offense. Having a false report is not sufficient by itself to sustain a conviction. If the prosecutor cannot prove that you were aware you had the false report, then you qualify for an acquittal. You will not be guilty under Penal Code 148.5 if someone else left the false report in your car without your knowledge.

Related Offenses

Crimes that can be charged alongside making a false report for a crime include:

Providing False Statements To A Police Officer – Vehicle Code 31

It is a crime under VC 31 for you to give false information or documentation to a police officer. This includes false vehicle registration, driver’s license, and name.

You can face misdemeanor charges for violating VC 31. This crime could attract the following penalties:

• A fine of up to $1000
• A jail term that does not exceed six months in county jail

The following are the defenses you use to fight your charges:

• No evidence
• False accusation
• You are a victim of unlawful search and seizure

Resisting Arrest – Penal Code 148

It is an offense under Penal Code 148 for you willfully resist, delay, or obstruct police officers or EMTs who are carrying out their duties. If the prosecutor accuses you of violating PC 148, he/she should prove these elements:

• You delayed, resisted, or obstructed police officers
• You resisted when the police officer was carrying out their official duties
• You were aware that the police officer was on duty
• You acted willfully

Violating Penal Code 148 is often charged as a misdemeanor. This offense could attract the following penalties:

• A fine of up to $1000
• A jail term that does not exceed a year in a California county jail

The court can also grant you probation instead of a jail term.

The county district attorney cannot charge you with resisting arrest unless:

• You applied physical force against the police
• Your case is linked with another crime that the District Attorney does charge
• You are a repeat offender within the last two years.

The defenses you can present against PC 148 include:

• The police had no probable cause to arrest you
• You are a victim of false accusation
• You did not willfully resist arrest

Falsely Reporting An Emergency – Penal Code 148.3

It is a crime under PC 148.3 for you to make a false report of an emergency. An emergency is any condition that can trigger:

• The activation of the emergency alert system, or
• An AMBER alert
• The evacuation of any area, vehicle, structure, building, or of any other place
• The response of an emergency vehicle like vessel, aircraft, or a fire department truck

You can face misdemeanor charges for violating PC 148.3. This crime can attract the following penalties:

• A fine of up to $1000
• A jail term that does not exceed one year in a county jail

You could also be required to reimburse the applicable public agency for any cost associated with emergency response. The court can charge you with a felony if the false alarm results in someone sustaining great bodily harm or death. This can attract a jail term that does not exceed three years in a state prison.

The defenses you can use to fight your charges include:

• No report of an emergency
• Actual emergency
• Mistake of fact

Filing A False Report Of A Fire – Penal Code 148.4

The court can charge you under Penal Code 148.4 if you make a false fire alarm or false report of a fire. If the prosecutor accuses you of violating Penal Code 148.4, he/she should prove these elements:

• You made a false report of a fire
• You triggered a false fire alarm
• You broke or tampered with a fire alarm or type of fire protection equipment

The court can charge you with a misdemeanor if you are guilty of violating PC 148.4. This crime can attract the following charges:

• A fine not exceeding $1,000
• A jail term that does not exceed one year in a county jail

The judge can also grant you summary probation instead of a jail term. However, you could face felony charges for violating this law, which results in great bodily harm or death of someone else. This crime could attract a jail term that does not exceed three years in a state prison. You could also face a fine that ranges between $500 and $10,000

The following are the defenses you can use to fight your Penal Code 148.4 charges:

• You are a victim of false accusation
• No malicious act
• No willful act

Providing False Identification To A Police Officer – Penal Code 148.9

You could face criminal charges under PC 148.9 if you give false identification to a police officer during your arrest or detention. However, the prosecutor must prove the following elements if he/she accuses you of violating PC 148.9:

• You deliberately gave a fake name to a police officer
• You gave the name after being detained legally
• You provided the false name to escape proper identification or court process

You can face misdemeanor charges if you are guilty of violating PC 148.9. These charges can attract these penalties:

• A fine not exceeding $1000
• A jail term that does not exceed six months

The court can grant you probation in lieu of a jail term.

The defenses you can present against your charges include:

• You are a victim illegally search and seizure
• You did not act knowingly
• You were not arrested or detained

False Impersonation – Penal Code 529

According to PC 529, false impersonation involves using another person’s name, identity, or likeness to cause harm. You could face misdemeanor or felony charges for violating this law. Misdemeanor charges can attract the following penalties:

• A fine of up to $10,000
• A jail term of up to one year in a county jail
• Misdemeanor probation

Felony charges can attract the following charges:

• A fine of $10,000
• A jail term of three years in a county jail
• Felony probation

Find A Criminal Defense Attorney Near Me

The police have a mandate to serve and protect the public with the limited resources available despite the numerous crimes that occur every year. Making a false report of a crime is a serious offense because the government considers it a waste of public resources. If you are currently under investigation or facing charges under PC 148.5, you should contact an attorney to help you create a defense to fight against your charges.

At The Law Offices of Anna R. Yum, we have competent attorneys who can help you create a solid defense strategy in San Diego, CA. You can count on our support despite the intricacy of the charges against you. Contact us at 619-493-3461 to speak to one of our attorneys.