Description

The crime of Falsely Reporting a Crime or Criminal Matter may be charged against any person who reports to any peace officer, the Attorney General, or any deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowingly the report to be false.

What does the prosecutor have to prove?

1. Defendant reported to a peace officer that a felony or misdemeanor has been committed.
2. The false information was given while the peace officer was engaged in the performance of his or her duties as a peace officer.
3. Defendant knew or should have known that the person receiving the information was a peace officer engaged in the performance of his or her duties.
4. Defendant knew the report to be false.

Punishment

Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?No
Do I lose my right to vote if convicted?No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?No
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?No
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No