Criminal Attorney in Los Angeles – False Report to the Police
Making a false report to the police or another government authority could be charged by the prosecutor as a misdemeanor or a felony under California Penal Code 148.5. One could be charged with this crime if a report is made to the police via a phone call, by text message or in person, that a crime has been committed by someone or is about to be committed knowing that the report is false. For more information, see False Bomb Threats
One of the most serious crimes in this category is making false bomb-threat reports. If you knowingly contact the law enforcement and tell them that there is a bomb ready to explode or that someone is preparing a bomb to use at a particular location and your report is knowingly false, you could be charged with a felony or a misdemeanor false repor of a bomb threat.
Defenses to Making a False Report
We could challenge this charge if there is insufficient evidence to show the report was false. We could also defend you if you didn’t know the report was false. If you really believed genuinely that you are making a report of a crime that occurred or was about to occur, there is a viable defense.
Sometimes, we are able to dismiss a charge filed per California PC 148.5. This usually occurs when the defendant has no criminal record and the report didn’t result in major harm or investigation cost by the government.
If charged as a misdemeanor, you could face up to six months in county jail and be fined up to $1000. If the defendant has a lengthy criminal background and the crime involved egregious conduct or clear intent to fabricate a story, or if as a result of the false report, someone was hurt, the court could sentence the defendant to jailtime of up to 180 days and order him to pay a fine of up to $1000. Even under these circumstances, we may be able to arrange a plea bargain which includes no jail time or fine.
When sentencing a defendant charged with PC 148.5, judges may consider defendant’s criminal history, defendant’s motive in making a false report, and the adverse consequences of the false report. If the defendant’s motive in making a false report was to take advantage of an insurance claim, additional charges for insurance fraud could also be filed.
With the help of an experienced criminal defense attorney in Los Angeles, you will realize that there are many strategies available in defending this crime. So, don’t lose hope and let us help you.
