Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Learn How Jussie Smollett’s Case Would Be Handled in California

Most people have heard by now about the case involving Jussie Smollett. An actor on the television show “Empire,” Smollett was in Chicago when he claimed that two men said racist and homophobic things against him, then poured some type of chemical on him, put a noose around his neck, and yelled, “This is MAGA country!”

Within a few days of the attack, two people were arrested and questioned for the crime, but in the end questions were raised about whether or not the attack actually took place. Now the police have released the suspects and have arrested Smollett for making false statements to the police. While this case is being handled in Illinois, many in the state of California have wondered: What if it was being charged here?

Today we will look at the laws here and consider what the potential consequences could be in California. If you have been charged with any crime in California, we hope you will contact a criminal defense attorney by reaching out to Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

The Charge of Giving False Information to Police

According to California Vehicle Code, it is illegal to give false information to a police officer while they are performing their duties. If a person is charged with doing so, the prosecution must be able to prove that the police officer was on duty and performing duties for their job at the time of the false statements, that the person giving the information knew it was false, and that the person giving the information knew that the police officer was a police officer.

Under this vehicle code, the charge is a misdemeanor. The maximum penalty is six months in jail as well as fines of as much as $1,000.

The Charge of Falsely Reporting a Crime

According to California Penal Code, it is illegal to file a false police report. In this instance, the prosecution must prove all of the following: That the report was false, that the person giving the report knew it was false, and that the person who gave the false report knew they were giving a false report to a police officer or other professional acting in a capacity to accept reports of a crime.

This is like the crime that Smollett would be charged with if the incident took place in California and he did indeed give a false report. The maximum consequence is six months in jail and fines of as much as $1,000. However, it could be made more complicated if the prosecution added additional charges for perjury or fraud.

Smollett’s defense team is surely considering all the evidence and coming up with the best defense for his case – just as Law Office of Michael L. Fell does for every client. If you have been charged with any crime, please contact us at (949) 585-9055 for your free legal consultation.