Fort Myers Providing False Information to an Officer Attorney
In Florida, providing false information to a law enforcement officer is a criminal offense that can lead to serious consequences. Under Florida Statutes §837.05 and §837.055, it is illegal to knowingly make a false police report or provide false statements or misleading information during the course of an investigation. Whether you’re being questioned about a minor traffic violation or a more serious criminal matter, any attempt to mislead law enforcement can result in criminal charges. With decades of experience as a Fort Myers criminal defense lawyer, attorney Dan Hanuka can help. Contact Hanuka & Hollander Attorneys at Law if you’ve been charged with providing false information to a law enforcement officer in Fort Myers.
Understanding Florida Statutes 837.05 and 837.055
Florida Statute 837.05 deals with “False Reports to Law Enforcement Authorities.” Under this statute, it is unlawful to willfully make a false report about a crime to any law enforcement officer with the intent to mislead, obstruct, or interfere with an ongoing investigation.
Florida Statute 837.055 covers “False Information to Law Enforcement During an Investigation.” This statute makes it illegal to knowingly provide false or misleading information to a law enforcement officer when they are conducting an investigation into a crime. The key difference between the two statutes is that §837.05 applies to false reports about a crime itself, while §837.055 covers false information given during an active investigation.
Penalties for Providing False Information to Law Enforcement
The penalties for providing false information to law enforcement depend on the severity of the underlying offense or investigation:
- False Reports of a Crime (837.05): If convicted, the offense is generally classified as a first-degree misdemeanor, punishable by up to one year in jail, one year of probation, and a fine of up to $1,000. However, if the false report concerns a capital felony, such as murder, the charge escalates to a third-degree felony, which is punishable by up to five years in prison, five years of probation, and a fine of up to $5,000.
- False Information During an Investigation (837.055): Providing false information to a law enforcement officer during an investigation is usually charged as a first-degree misdemeanor, carrying penalties of up to one year in jail, one year of probation, and a fine of up to $1,000.
Elements of the Offense
To secure a conviction under either Florida Statute §837.05 or §837.055, the prosecution must prove the following elements beyond a reasonable doubt:
- Knowledge of the Falsehood: The defendant knowingly provided false or misleading information to the law enforcement officer.
- Intent: The false information was given with the intent to mislead, obstruct, or interfere with an investigation or to report a crime that did not occur.
- Communication to Law Enforcement: The false report or misleading information must have been communicated directly to a law enforcement officer who was performing official duties.
If the prosecution cannot establish these elements, the charges may not hold up in court.
Possible Defenses to Charges of Providing False Information
There are several defenses that a skilled criminal defense attorney can employ to challenge charges of providing false information to law enforcement, including:
- Lack of Intent: If the false statement was made without the intent to mislead or obstruct an investigation, the charges may be reduced or dismissed.
- Mistake of Fact: In some cases, the defendant may have provided incorrect information due to a misunderstanding or honest mistake, rather than willful deception.
- Coercion or Duress: If the defendant was coerced into providing false information under threat or duress, this can serve as a defense.
- Violation of Constitutional Rights: If the information was obtained in violation of the defendant’s constitutional rights, such as the right to remain silent or the right to an attorney, the evidence may be suppressed, weakening the prosecution’s case.
How a Criminal Defense Attorney Can Help
Facing charges for providing false information to law enforcement can be stressful and intimidating, but an experienced criminal defense attorney can help you know where you stand and what options you have. At Hollander & Hanuka Attorneys at Law, our experienced Fort Myers defense attorneys are well-versed in the intricacies of Florida’s criminal statutes and have the experience needed to develop a strong defense strategy.
We investigate the facts of the case to identify weaknesses in the prosecution’s argument. By challenging the validity of the evidence or the credibility of witnesses, we aim to reduce or dismiss charges. In many cases, we can negotiate with prosecutors to reduce charges from a felony to a misdemeanor or from a misdemeanor to a civil infraction. Our goal is to secure a more favorable outcome, such as reduced penalties, probation, or community service.
When appropriate, we explore the possibility of a plea bargain. This can result in a more lenient sentence, such as probation or a deferred adjudication, which can ultimately help avoid jail time and keep a conviction off your record.
Contact Hollander & Hanuka for a Free Consultation
If you are facing charges for providing false information to a law enforcement officer in Fort Myers or the surrounding areas, you need a strong legal advocate on your side. Contact Hollander & Hanuka Attorneys at Law at 239-332-3300 for a free consultation. Our criminal defense team will review the facts of your case, discuss potential defenses, and work tirelessly to achieve the best possible outcome.