In Florida, Florida Statute 837.05 and its subsections govern false reports to law enforcement. This article is about the Statute on Filing a False Police Report Florida and the potential punishment you might face as a result of a conviction if you are accused of filing a false police report in Florida. The State Attorney’s Office (depending on the county were you reside) may choose to file charges against you if you alert law enforcement to the commission of a crime without any proof and without justification. There are defenses to these charges, and it is in your best interest if you stand accused of filing a false police report in Florida to hire a Criminal Defense Attorney. What is the penalty for filing a false police report in Florida?
The penalty can be rather severe if the defendant is convicted. In fact, the Statute clearly states that a first time filer of a false report could be convicted for a first degree misdemeanor carrying a maximum penalty of one year in jail. A second time offender could be charged with a third degree felony, which carries a significantly higher penalty. Statutorily, a third degree felony in the State of Florida is punishable by up to 5 years of imprisonment, 5 years of probation time, and a monetary fine not to exceed $5,000. The lesson of this outline of potential punishments is: do not file a false report under any circumstances.
Burden of Proof: Filing a False Police Report in Florida
The burden of proof for Filing a False Police Report Florida, according to the statute, is a “knowing” requirement. This means that the State must prove the defendant “knowingly” provided false information to the police about the alleged crime. Knowingly is a state of mind requirement which means the defendant deliberately and willfully filed a false police report. Knowingly is a term modeled after the Model Penal Code, or MPC. The burden of proof filing a false police report Florida is high, which is why the State would likely file only in egregious or severe cases.
Clermont Florida Criminal Defense Attorney: Giving False Information to a Police Officer Florida
The means by which a defendant may be guilty of giving false information to a police officer Florida is by oral communication, written communication, or by recording. Essentially, giving false information to a police officer Florida is a poor decision showcasing poor judgment. When filing a police report consider whether the information you are providing is accurate and will help law enforcement investigate without the need to question the source, as opposed to going after the alleged real criminal. If you need to speak with an attorney call the Jacobs Law Firm at (407) 335-8113.
We offer additional articles on other crimes in Florida for your reading pleasure. Domestic violence around the kids. Marijuana possession. Burglary in Florida. First time petit theft in Florida. To browse our other legal articles visit the Florida Law Blog.