Providing False Information to a Police Officer (California Vehicle Code 31)
Providing false information to a police officer is a serious crime in California.
You may think that providing incomplete or less than truthful information to a police officer does not have any repercussions, however, there are severe consequences to such actions. There are several California statutes that prohibit giving false information to law enforcement and the punishment ranges depending on the facts of your case. Providing false information may include:
- Filing a false report of a crime
- Falsely identifying yourself
- Giving false information to a police officer
Generally, providing false information to an officer will likely result in a misdemeanor charge however, certain circumstances related to giving such information can contribute to more serious charges.
Filing a False Report of a Crime (PC 148.5)
Under PC 148.5, it is a crime to knowingly make a false report that a misdemeanor or a felony has been committed to someone who is employed to take crime reports. Those who are employed to take crime reports include the attorney general, district attorneys, a peace officer, a citizen who is employed by a state or local agency that accepts crime reports, and the grand jury.
Examples of filing a false report include:
- Reporting a crime has occurred even when one has not
- Providing false details about a criminal incident
- Falsely reporting a theft or damage to property
- Stating an incorrect value of property that was stolen or damaged
Prosecution
In order to convict you for a violation of PC 148.5, a prosecutor must be able to prove beyond a reasonable doubt the following :
- You made a report concerning a crime that is false;
- You knew the report was false; and
- You knew the person you made the report to was acting in his professional capacity to accept such reports.
Punishment for Filing a False Report of a Crime
This offense is a misdemeanor and may result in up to six months in county jail, a fine of up to $1,000, or both a fine and imprisonment. You could be charged with a felony if you committed this offense in addition to perjury or fraud.
Falsely Identifying Yourself (PC 148.9)
Under PC 148.9, it is a crime to provide a false name or false identifying information to a peace officer when you are lawfully detained or arrested .
Prosecution
In order to convict you for a violation of PC 148.9, a prosecutor must be able to prove beyond a reasonable doubt the following:
- You falsely represented or identified yourself as someone else or a fictitious name to a peace officer;
- The peace officer was engaged in the performance of his duties as a peace officer; and
- You knew or should have known the person receiving the information is a peace officer.
Punishment for Falsely Identifying Yourself
Falsely identifying yourself to a peace officer is a misdemeanor. If you are convicted of this crime, you could be sentenced to up to six months in county jail, a fine up to $1,000, or both a fine and imprisonment.
Giving False Information to a Police Officer (CVC 31)
Under CVC 31, it is a crime to knowingly give false information to a peace officer while the officer is performing his duties. You can violate VC 31 by providing a wrong answer, identifying yourself as someone else or fictitious, providing false vehicle registration, providing false insurance information or providing a fake or borrowed driver license to a peace officer during a vehicle stop .
Prosecution
In order to convict you for a violation of VC 31, a prosecutor must be able to prove beyond a reasonable doubt the following:
- You gave false information to a peace officer while in the performance of the officer’s duties;
- You knew the information was false; and
- You knew or should have known the person receiving the information is a peace officer.
Punishment for Giving False Information
Giving false information to a peace officer is a misdemeanor and could result in up to six months in county jail and a fine up to $1,000. You could face additional charges if you were also evading arrest.
Possible Defenses to a False Information to a Police Charger Charge
A misdemeanor conviction can significantly affect your future. An experienced criminal defense attorney can protect your rights by raising any and all defenses you may have in order to successfully reduce and possibly defeat all charges.
Defenses to Filing a False Report of a Crime
There are several defenses that your knowledgeable criminal defense attorney can raise if you are accused of filing a false report of a crime.
Truth
One of the elements a prosecutor must prove is that your report to law enforcement was false. If the information is true, then there is no way for the prosecutor to prove this element. An experienced criminal defense attorney may be able to find and bring evidence concerning the truthfulness of the information you provided to successfully defeat the accusation.
Good Faith Belief that the Information is True
Another element that a prosecutor must prove is that you knew the information was false. If you had good faith or belief that the information you provided is true, then a prosecutor cannot prove this element.
An experienced criminal defense attorney will be able to raise the defense and show that you believed the information you provided was true.
Good Faith Belief That You Were Not Talking to Someone Who Acted in His Professional Capacity to Accept Such Reports
Another element that a prosecutor must prove is that you knew the person you made the report to was acting in his professional capacity to accept such reports. If you had good faith that you were not talking to such a person, a prosecutor cannot prove this element.
Exception to Filing a False Report of a Crime
PC 148.5 does not apply to reports made by anyone who is required by law to report known or suspected instances of child abuse, adult abuse, or elder abuse. So, if you falsely reported a crime of child abuse, adult abuse, or elder abuse and you are required by law to report suspected abuse under PC 11166, your experienced criminal defense attorney can raise this defense.
Defenses to Falsely Identifying Yourself
There are several defenses that your knowledgeable criminal defense attorney can raise if you are accused of falsely identifying yourself.
Truth
One of the elements a prosecutor must prove is if you provided false information. If the information is true, then there is no way for the prosecutor can prove this element. An experienced criminal defense attorney will be able to find and bring evidence concerning the truthfulness of the information you provided to successfully defeat the accusation.
The Peace Officer was Not Acting Within the Scope of His Duties
In order to be convicted of providing false information to police officer, the prosecutor must show that the peace officer was acting within his duties while you provided the false information. If an officer unlawfully arrested or detained you, or used unreasonable or excessive force, your experienced criminal defense attorney may be able to show that the officer was not acting within the scope of his duties when you provided false information.
Good Faith Belief that the You Were Not Talking to a Peace Officer
Another element that a prosecutor must prove is that you knew or should have known you were providing information to a peace officer. If you had a good faith belief that you were not talking to a peace officer, then a prosecutor cannot prove this element. An experienced criminal defense attorney will be able to raise this defense to show that you did not know you were talking to a peace officer or you believed that you were not talking to a peace officer.
Defenses to Giving False Information During a Vehicle Stop
There are several defenses that your knowledgeable criminal defense attorney can raise if you are accused of giving false information to a police officer.
Truth
One of the elements a prosecutor must prove is that you gave false information. If the information is true, then there is no way for the prosecutor can prove this element.