False Report of a Crime


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against
False Report of a Crime
allegations.
False Report of Commission of a Crime is often charged when a person calls the police to report a crime that the police don't believe occurred. For example, if you called the police and reported that your car was stolen and they don't believe that it was actually stolen, but that you were going to make a fraudulent insurance claim, they could charge you with False Report of Commission 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. 

What is False Report of Commission of a Crime?

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.

What are the potential sentences for False Report of Commission of a Crime?

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

What are the possible defenses to False Report of Commission of a Crime?

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.

If you or a loved one has been arrested for or accused of
False Report of Commission of a Crime,

Call Shorstein, Lasnetski & Gihon Now!

904-642-3332 (Jacksonville)
 
or

407-228-2019 (Orlando). 


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