We are often asked: is it against the law to lie to the police? The answer is that in some cases, yes, it is illegal – but in many cases, it is not. Keep reading to get the facts or contact Law Office of Michael L. Fell at (949) 585-9055 if you require a free legal consultation from an experienced criminal defense attorney.

Situations in Which it is Illegal to Lie to Police

There are three specific situations in which you can be guilty of a crime – making false statements to police officers – if you like to the police: providing false identifying information, lying under oath, or filing a false police report.

Providing False Identifying Information

If you provide false info or document to a police officer who is enforcing traffic laws, you could be charged with a misdemeanor. This includes lies such as giving a fake name, giving them a fake ID, using forged, faked, or otherwise counterfeit vehicle registration, or lying about the weight of the truck being driven.

A person convicted of this crime could face up to six months in county jail. Note that it is not illegal to provide false ID during a consensual police encounter, but in other situations, you could be charged with obstruction of justice.

When Lying Equates to Committing Perjury

Perjury involves knowingly giving false testimony when you are under oath. To convict a person of this crime, the prosecutor must prove that the defendant took an oath to tell the truth, they willfully gave false information, the information they gave was important, the defendant knew they were making the statement under oath, and the defendant intended to lie.

Note that this does include perjury committed in a court of law, but many documents are filled out under oath, such as driver’s license applications, depositions, signed affidavits, and others. Perjury is a felony that can lead to a prison sentence of up to four years.

Filing a Police Report

It is illegal to file a false police report in California. This is a misdemeanor in California, though in other states, it can be treated as a felony. In addition to potentially facing criminal charges, you could face civil penalties for the costs associated with the false report.

Call Now if You Are Facing Criminal Charges

If you are facing criminal charges, whether due to making false statements or for another reason, contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation. We can get started right away in finding the best defense option for you.