St. Paul Criminal Defense Lawyer
Filing a false police report is a violation of both federal and state laws. It entails falsely reporting a crime to a peace officer with the intention of disrupting a criminal investigation. Filing a false police report is a serious crime, one which could (depending on the circumstances) lead to other charges, including obstruction of justice. Although the laws regarding falsely reporting a crime to a police officer differ from state to state, they generally require that prosecutors prove the following 4 elements beyond a reasonable doubt:
- The false report or statement was made by the defendant in response to legitimate inquires by an on-duty police officer
- The report must have addressed material facts about an offense, incident or crime
- The defendant knew the report was false when he or she made it
- The defendant intended to deceive or obstruct the police officer from either preventing the crime or apprehending a person connected to the crime
What Constitutes Falsely Reporting a Crime in Minnesota?
In Minnesota, prosecutors, to secure a conviction, must prove beyond a reasonable doubt not only that a defendant made a false statement to a police officer, but also that he or she did so knowing that the statement was false, and with the intent of deceiving the officer. That said, Minnesota Statute 609.505 defines falsely reporting a crime as follows:
“Whoever informs a law enforcement officer that a crime has been committed or otherwise provides information to an on-duty peace officer, knowing that the person is a peace officer, regarding the conduct of others, knowing that it is false and intending that the officer shall act in reliance upon it, is guilty of a misdemeanor. A person who is convicted a second or subsequent time under this section is guilty of a gross misdemeanor.”
What Are the Penalties for Falsely Reporting a Crime In Minnesota?
Different states assign different penalties for individuals convicted of falsely reporting a crime. In some states, it is a felony, while in others it constitutes a misdemeanor. In Minnesota:
- if you are convicting of giving a police officer false information (again, knowing it is false and with the intent of deceiving that officer) that does not allege a criminal act, you are guilty of “police misconduct,” a misdemeanor which is punishable by up to 90 days and jail and a fine of up to $1,000
- if you are convicted and the false information alleges a criminal act, you have committed a gross misdemeanor, which is punishable by up to 1 year in jail and a fine of up to $3,000.
What Is the Best Defense Against the Charge of Falsely Reporting a Crime In Minnesota?
To convict you of falsely reporting a crime, a prosecutor must prove beyond a reasonable doubt that a defendant knew the information was false and intended to deceive, hinder or obstruct the police officer. That requires characterizing the defendant’s state of mind, and that can be an uphill climb for prosecutors.
That said, if you are charged with this offense, you need to immediately contact a competent criminal defense attorney, and to do so before you make any statements to investigating officers. Remember your Miranda rights: you have a right to remain silent and to an attorney, and anything you say “can and will be used against you in a court of law”.
At Lesch Law Firm, John Lesch has more than 20 years of experience in the practice of criminal law. We will use that experience to aggressively represent you at every stage of the process. For more information, or to schedule a free consultation, contact us today.