False Report of Emergency in Aliso Viejo
Making a false report of a crime in the city of Anaheim can easily land you in jail for breaking California Penal Code 148.5. Filing a false report and misleading the police can waste police resources and distract from problems actually in need of immediate police aid.What constitutes the ‘False Report of a Crime’?
- According to 148.5(a), you are guilty of a crime if you deliberately report false information to an authority including (such as a peace officer, Attorney General, or District Attorney) that a misdemeanor or felony crime has been committed
- According to 148.5(b)(c)(d), you are guilty of a crime if you deliberately make a false report to a peace officer, grand jury, a person assigned to accept/hear reports from the citizenry e.g. a 911 operator, and so on, that a crime has been committed if:
- The information is given to the officer while he/she is performing their duties in their professional capacity
- The culprit knew or should have known that they were giving the false report to an officer
- According to 148.5(e), this section doesn’t apply to individuals who are required by law to report suspected or known incidences of elder abuse, child abuse or dependent adult abuse
In some cases, individuals out to retaliate against someone else may make a false report that the person committed a crime. This is a crime, and unfortunately happens sometimes when relationships sour. For example, someone might file a false police report that the other party stole something of theirs out of anger and frustration, and not on the basis of any true events that might have transpired.
An example of a false report of a crime would be reporting a neighbor for a hit-and-run accident where they ran into your car and not saying anything about it while wholeheartedly being aware that you were the one who accidentally ran into someone else’s parked car which is what caused the damage. Another related example would be a gang filing a false police report about a rival gang in order to divert the focus and attention away. Filing a police report you know to be completely false in order to shift the focus has also happened.Defenses against a ‘False Report of a Crime’ accusation
If you are charged with violating PC 148.5, it is imperative that you call an experienced attorney to defend your case. Some of the defense strategies that the attorney will explore include:
- You did not have knowledge that you were falsifying information or that the report you made was false
- You had no fraudulent intent when making the report
- You had no way of knowing that the person you talked to was an authority
Depending on the circumstances of your case, there are many different defense strategies that the attorney can explore. Calling your attorney as soon as you can is important for a strong defense to be mounted on your behalf.
Contact a lawyer at the Johnson Criminal Law Group today if you are being charged with making a false report of a crime.