If you have been charged with providing false information to a peace officer (police officer), don’t face your case alone. The San Diego criminal defense attorneys at the Law Offices of Bradley R. Corbett can help. We’ve successfully defended false information cases and we will use that expertise to help you.
California law states that “no person shall give, either orally or in writing, information to a peace officer while in the performance of his duties under the provisions of this code when such person knows that the information is false.” This means one could violate this law in many different ways, including providing:
- A fake ID or drivers license
- A fake name
- A forged registration, and more
The prosecution in a false information case will seek to prove that you acted with intent to deceive, but our expert San Diego lawyer can help defend your case. We know the law and we know that the false information provided may have been by accident due to stress or pressure. Under California law, you may not have knowingly provided the false information with intent to deceive.
False information isn’t just limited to peace officers (police officers). One can also be found guilty of providing false information to the DMV or CHP. We understand that it’s under duress that individual say things they normally wouldn’t in a normal situation. Let us help you with your false information case. Call or visit our law offices for a consultation today with our expert San Diego criminal defense lawyer.
Destroying Evidence California Penal Code 135
A person who is caught for destroying evidence either written or physical he or she will face a crime pursuant to Penal Code 135. There are three elements to be met to satisfy California Penal Code 135. They are 1) The person had intent and knowledge to destroy the evidence 2) Any type of evidence 3) The person has successfully destroyed the evidence and 4) During a legal proceeding such as a criminal or civil trial. There are numerous defenses under California Penal Code 135.
A defense under California Penal Code 135 is the person had no intention to destroy the evidence that was likely to be used in a criminal trial. Another defense is mistake of fact, which means the person reasonable, believed that the evidence destroyed was not relevant to any legal proceeding.
The California penalty for destroying evidence is a misdemeanor and a person will face up to 6 months in county jail and a maximum fine of $1,000.
Falsely Reporting a Crime California Penal Code 148.5
California Penal Code 148.5 is the law that restricts a person from making false reports of a crime. Penal Code 148.5 only applies when the person who has reported the crime and had knowledge of its falsity. A person is charged with either a misdemeanor or a felony when the false report is given to 1) Police or peace officer 2) Prosecutor 3) Grand jury or 4) State employee employed to accept reports. There is one common defense to California Penal Code 148.5.
The common defense to California Penal Code 148.5 is the person reasonably believed the report to be true.
California Penal Code 148.5 making false reports is a misdemeanor in California. A person will face a maximum of six months in county jail. However, the court may grant no jail time based on 1) The persons criminal history and 2) The persons intention for making the report and 3) Whether it caused an innocent person to be charged with the crime.
False Fire Alarm California Penal Code 148.4
A person has violated Penal Code 148.4 whenever they a make a false report of a fire. This law covers tampering or breaking fire alarms, triggering fire alarms, and making false reports. The person must have knowledge that the report is false or acted recklessly. Having a good faith believe does not trigger California Penal Code 148.4.
California Penal Code 148.4 is considered to be a misdemeanor. A person charged with this law would face a maximum of one year in county hail. However, if the false alarm causes someone to get hurt (extreme harm, or death) then it is considered a felony. The person may face up to three years in California state prison.
False Report of an Emergency California Penal Code 148.3
The First Amendment gives a person freedom of speech in the United States. However, Oliver Holmes opinion in Schenck v. United States he states a person may not shout fire in a crowded theater. An emergency is defined as 1) The assistance from an emergency vehicle, or aircraft 2) The evacuation of any area and 3) Amber alert.
California Penal Code 148.3 is considered to be a misdemeanor. A person may face a maximum sentence of one year in county jail. However, a judge may grant probation with no jail time. If someone during the false emergency suffers bodily injury or death, then it’s considered a felony. A person may a maximum sentence of three years in California state prison.