Consequences of Falsely Reporting a Crime in California (PC 148.5)
We’ve all heard the story of the boy who cried wolf. Well as adults, it turns out that story is true. If you falsely report a crime in California, you may actually be charged with a crime.
Under PC 148.5, it is a misdemeanor to knowingly make a false report or statement to any of the following:
- Police or peace officer
- Grand jury
- Prosecutor, or
- 911 operators or police dispatchers
Recently, there have been several instances of false kidnappings in the national news. Even if one has good intentions for the kidnapping, such as for example, teaching your child a lesson, it is no defense to this crime.
In another recent fake kidnapping in California, a woman reported that she had been kidnapped even though no ransom was sought. The woman’s intentions for doing so are unclear, but regardless, she could face charges for falsely reporting a crime.
Consequences of Falsely Reporting a Crime (PC 148.5)
Falsely reporting a crime in California is a misdemeanor under PC 148.5. If you are convicted of this crime, you could face up to a $1,000 fine and up to six months in county jail.
The judge will consider certain factors such as your criminal history, your intentions and whether you caused any harm to others in deciding your sentence.
Not All False Reports are Treated the Same (PC 11165)
False reports of certain crimes are given more leeway or protection under the law. PC 148.5 does not apply if you make a false report for which you are required to report by law.
Under Penal Code Section 11165, you must report a suspicion of child abuse regardless if it turns out that a crime was actually committed if you are a mandatory reporter. Mandatory reporters under this law include employees of a state agency and teachers. In effect, the law requires you to make what may turn out to be a false report. However, if it turns out that no crime was committed, you are protected from both civil and criminal liability.
Staging a false kidnapping for ransom and then reporting the kidnapping could be treated not as a false report, but rather as kidnapping. If you pretend to be a false kidnapping victim in order to receive part of the ransom money, you could be charged with kidnapping as an accomplice. Essentially, that means you’d be charged with your own kidnapping.
Possible Defenses
Our skilled criminal defense attorneys at Wallin & Klarich know the legal defenses to falsely reporting a crime. Some defenses we could use to defend you against these charges include:
- You had a good faith belief that a crime did in fact occur;
- You were required by law to report any suspicious activity, even if you did not know it to be true; or
- Your report was not false
Call the Skilled Criminal Defense Attorneys at Wallin & Klarich
If you or a loved one has been charged with falsely reporting a crime, you need to contact an experienced Wallin & Klarich criminal defense attorney immediately. At Wallin & Klarich, our skilled attorneys have been successfully defending clients facing criminal charges for over 40 years. We’ve helped thousands of clients in their time of legal need, and we can help you now.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
