False Report of a Crime
False Report of a Crime
Another common threat of prosecution under this statute is in domestic battery cases where the State threatens to charge the victim with False Report of a Crime when the police report states the victim of the domestic battery told the officer that the person battered him or her, but is now saying to the prosecutor that no such battery occurred. Give the experienced Jacksonville criminal defense lawyers of SLG Law a call to discuss your particular case.
False Report of Commission of a Crime is defined in Florida Statute Section 817.49. To prove the crime of False Report of Commission of a Crime, the State must prove:
- You willfully gave or provided, or caused to be given or provided, false information or a report about the alleged commission of a crime under Florida law to a law enforcement officer, and
- you knew the information or report was false because you knew that no such crime had actually been committed, and
- the law enforcement officer was a law enforcement officer, and
- you knew the law enforcement officer was a law enforcement officer.
False Report of Commission of a Crime is a First Degree Misdemeanor punishable by up to 1 year in jail.
Enhancement if prior conviction:
If you have been previously convicted of False Report of Commission of a Crime and your statement to the officer was recorded, or written or another person was present when you made the report, then it is a Third Degree Felony punishable by up to 5 years in prison.
Enhancement for alleging capital offense:
if the false information related to the alleged commission of a capital felony, it is a Third Degree Felony punishable by up to 5 years in prison.
The main defense to False Report of Commission of a Crime is that it was not a false report and that the crime actually occurred. Another defense is that the information that you gave was not false, but the officer wrote it down incorrectly, misunderstood, or fabricated portions of your statement. For example, if the police are called out because a domestic dispute was reported, the police officer may attribute statements to you in the police report that you later say you never made. This becomes a credibility issue between you and the officer. Give us a call to discuss your case and the possible defenses available to you.
False Report of Commission of a Crime,
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