Is filing a false police report a crime and what's the penalty? 4 Answers as of February 27, 2013

CALIFORNIA: Is maliciously filing a false report and lying to law enforcement officers A crime? I have a signed document from my ex boyfriend stating that he intentionally filed a false police report when I came home and found him in bed with another woman.

He stated that we had broken up three weeks prior and I was breaking into our residence which he admits was completely untrue.

He insisted that I be arrested for burglary, trespassing and damage to personal property even though the police told him there was no case.

I had keys to the residence that he had given to me months earlier and multiple text messages within 24 hours of the incident in which he asked me to please come home no matter what time it was but I was unable to do so at the time because I was tending to our sick horses at another location.

I am a licensed bodyguard and this arrest would of had a major impact on my life.

The officer was kind enough to let me go without his knowledge but told me I could never return to that location.

My ex-boyfriend wrote a letter saying that he didn't know how to deal with the situation at hand so that was the reason he called the police.

He stated that everything he told the police was false and that he regrets any pain it may have caused me by his False accusations.

Even though I wasn't arrested I don't feel it is right there was a police report written up with my name on it for crimes I didn't commit.

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You can be charged with giving false information to police officer California Penal Code Section 148.5.(b). Every person who reports to any other peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer. The penalty for the misdemeanor would be up to one year in the county jail and/or a $1,000.00 fine. The penalty for the felony would be up to 16 months, two years, or three years in state prison. In your case, you would most likely receive probation.
Answer Applies to: California
Replied: 2/27/2013
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Yes it is a misdemeanor carrying up to 6 months in jail. Nevertheless alleged victims are rarely charged with this offense simply because their retractions are usually not believed.
Answer Applies to: California
Replied: 2/27/2013
Steven Alpers | Steven Alpers
I don't even know if a police report was filed. If your boyfriend lied, he could be charged with a false report. He could go to jail for up to a year.
Answer Applies to: California
Replied: 2/26/2013
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Is filing a false police report a crime Of course. At least a misdemeanor, possibly a felony. But it is up to police to file or not. Theoretically, you could file a civil suit, if it made good economic sense to do so, meaning you are likely to actually recover enough money to justify the attorney fees and costs you would spend in doing it.
Answer Applies to: California
Replied: 2/26/2013
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