Description

The crime of Falsely Reporting an Emergency can be charged against any individual who reports, or causes any report to be made, to any city, county, state, district, agency, division, commission, or board that an “emergency” exists, knowing that the report is false.

What does the prosecutor have to prove?

1. Defendant reported or caused a report to be made, to any city, county, city and county, or state department, district, agency, division, commission, or board, that an emergency (emergencyPC148.3) exists.
2. Defendant knew that the report was false.

Punishment

Misdemeanor: 0-364 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