Penalty For False 911 Call
A False Report
Section 817.49, Florida Statutes, provides the concept of the False Report of a Crime, or 'False Police Report.' It is a criminal offense under the law for a person to intentionally and knowingly provide false information or make a false claim about the conduct of a crime that the individual knows has not occurred.
The Commission of a Crime False Report is distinct from the crime of providing false information to the police. Under Section 817.49, a person reports a crime that he or she knows has not occurred.
What Proof is Required at Trial?
The prosecutor must establish the following four aspects beyond doubt to prove the crime of the False Report at trial:
- False information or a false report on the commission of an alleged crime in Florida was intentionally given or stated (or caused to be given or said) by the accused;
- No such crime was committed, so the accused knew the report or information was false;
- The information was given or said to a law administration officer; and
- The accused should have known that the person to whom the false information or report was given was a law enforcement or police officer.
What are the Penalties for False Report?
False Police Report of a Crime/ False Crime Report is classified as a first-degree misdemeanor. The penalty bears up to 1 year in jail or 12 months of probation and a $1,000.00 fine.
How Do I Get Legal Representation Against a False Police Report?
Under Florida law, several defenses are available to dispute a False Police Report claim. The most common defenses in existence are factual or evidentiary.
What if the Law Enforcement Has no Proof that The Report was False?
Sometimes, law enforcement will make presumptions and take one person’s side over another in investigating an incident. They should bring charges against the person they choose not to trust in their hurry to arrest someone. There is contradictory evidence supporting the side of a defendant’s story; this can challenge whether the report was genuinely false.
Mistaken belief/misinformation
Even if the report turns out to be unreliable, the prosecutor must prove that the accused knew that the facts contained in the story were false. This would offer a powerful defense if the accused was misunderstood, provided misinformation by someone else, or misconstrued the circumstance.
No knowledge of police
Even if the information is incorrect, and even if the defendant knew that it was false, it is essential to provide or report the information to a law enforcement official, not a bystander or other person. Therefore, there are also defenses where the accused did not know the perpetrator was a police officer or did not wish to enter officers’ hands with the information they provided.
911 exists so that individuals may report emergency incidents that require urgent reporting to the scene by medical, fire, and/or law enforcement personnel. When individuals use 911 for non-emergency reasons, they can waste government time and money and potentially take away emergency resources from individuals who are actually in need. For this cause and others, Florida legislators passed a law against the abuse of 911, which provided for criminal penalties for doing so.
If you have been charged with misusing the emergency services hotline, read more about how 911 can be used and how you can get assistance from Boca Raton criminal defense lawyers.
Boca Law will assist in planning your defense if you have been charged with misusing the 911 service but feel that you were within your legal rights and acted out of necessity. Contact our professional lawyers for criminal defense and keep your file clear of a misdemeanor.
What are Some of the Reasons That Can Make a Person Face The Misuse of 911?
- Call for a false alarm that might lead to emergency dispatches.
- Call to submit false information that can result in the dispatch of emergencies.
- Use 911 intentionally for some excuse other than to seek help from emergency services.
- Using 911 strategically to stop paying a fee for any public service.
Get Help on 911 False Call Allegations
To get any help on 911 false call allegations, consult with one of the Boca Law attorneys, and we will offer you assistance and representation.