What is Providing False Information to a Police Officer?
One of our constitutional rights is the right to remain silent. While you don’t have to speak to a police officer, you should be telling the truth if you do decide to speak to them. Otherwise, your lies can land you in legal hot water.
In Florida, providing false information to a law enforcement officer is a crime. It is illegal to knowingly make a false police report or provide false statements or misleading information to law enforcement officials during an investigation. Whether you’re being questioned about a minor traffic violation or a more serious criminal matter, you can be accused of a crime if you lie in any way.
This is a crime called providing false information to a police officer. Here’s a look at this crime in more detail.
What the Law Says
Under Florida Statutes Section 837.05, giving false information to a police officer can be a felony in some cases. Knowingly giving false information to any law enforcement officer concerning the alleged commission of a crime commits a first-degree misdemeanor. This can result in up to one year in jail and a fine of up to $1,000.
Giving false information to a law enforcement officer concerning the alleged commission of a capital felony results in even harsher penalties. In this case, a person commits a third-degree felony. While this is the least serious felony, the penalties are still harsh. A person can face up to five years in prison, up to $5,000 in fines, and up to five years of probation.
There are several elements that must be proven beyond a reasonable doubt:
- Knowledge of the falsehood. The defendant must have knowingly provided false or misleading information to the law enforcement officer.
- The false information was given with the intent to mislead or interfere with an investigation.
- Communication to law enforcement. The misleading information must have been communicated directly to a law enforcement officer.
Defenses to This Crime
If you have been accused of providing false information to an officer, common defenses include:
- Lack of intent. The prosecution must prove intent to deceive. If the false information was given mistakenly or without intent to mislead, this could be a valid defense.
- Truthful statement. If the statement was actually true but misunderstood or misinterpreted by the officer, there’s no legal violation.
- Ambiguity or vagueness. If the statement given was unclear or open to interpretation, it may not qualify as false information under the law.
- Mistaken identity. If the officer wrongly identifies the suspect as the person who provided false information, this can be a defense.
Contact Us Today
Facing charges for providing false information to law enforcement can be stressful and intimidating. You need the right legal help on your side.
A Fort Myers providing false information to an officer attorney from Hollander & Hanuka can help you know where you stand and what options you have. Our lawyers are well-versed in the intricacies of Florida law and can help you develop a strong defense strategy. Schedule a consultation today by calling (239) 332-3300.
Source:
flsenate.gov/laws/statutes/2011/837.05#:~:text=False%20reports%20to%20law%20enforcement%20authorities.&text=(1)%20Except%20as%20provided%20in,775.083.
