Facing Criminal Charges for Filing a False Police Report in New Jersey

Burlington County False Police Report Defense Attorneys

Filing a false police report to your benefit or another’s detriment can end badly for you in New Jersey. Reporting a theft that did not occur or an imaginary restraining order violation by your ex is punishable deception under NJ law. While it may not seem a big deal, filing a false report wastes law enforcement resources and time. It also uses the police department to promote a falsity that injures another. As such, New Jersey attaches monetary penalties and incarceration to these offenses. 

NJ Legal Definition of a False Police Report

Section 2C:28-4 of the New Jersey Statutes Annotated defines what constitutes false reports. There are different methods by which false reports to law enforcement can occur, each punishable by an accompanying set of penalties based on the circumstances of the person’s actions and the degree of the charges.

Reports to Falsely Incriminate Someone Else

Subsection (a) refers to an individual intentionally and knowingly reporting false information to the police that would imply that someone committed a crime. It is a third or second degree crime to knowingly give law enforcement false information to get that person into legal trouble for committing a crime. So, when someone falsely reports that they saw a specific person steal clothing from a store, they falsely incriminate another, a third degree crime.

However, falsely incriminating someone for stealing an expensive car may be a second degree crime since the implicated individual could be charged with a second degree crime. And it does not matter that the one falsely reporting the crime did not know that stealing an expensive car is a second degree crime.

The penalty for violating this section is three to five years in prison and a possible $15,000.00 fine for a third degree crime. However, implicating someone for a second or first degree crime with false information is a second degree crime, allowing a judge to sentence you to five to ten years in prison and a maximum $150,000.00 fine.

Filing a Fictitious Police Report

N.J.S.A. 2C:28-4(b) makes filing a fictitious report a fourth degree crime when someone lies to the police about an offense or event occurring or provides the police with information about an offense or incident under false pretenses, meaning they do not have any information about the offense or incident. Fictitious reports are those with false information when no one committed an offense or providing or pretending to provide information about an offense when you do not have such information. Either one is a fourth degree crime. A conviction carries a maximum of 18 months in prison and a $10,000.00 fine.

Filing a Report with Law Enforcement about an Offense that Never Occurred

Reporting a non-existent offense is lying to law enforcement that an offense or incident occurred, knowing that it did not. For example, telling the police that you saw a fugitive robbing a liquor store when you did not is a non-existent offense report. A conviction could mean up to 18 months in prison with a high fine not to exceed $10,000.

Giving Police False Information

Additionally, merely providing false information that could lead to further investigation or other action on the part of police is considered a fourth degree crime, with the same penalties as those above: up to a year and a half incarcerated and up to $10,000 in monetary penalties.

Charged with Filing a False Police Report, What am I Facing in NJ?

The degree of the false report charge against you determines the penalties you are facing. In general, the following are attached to each degree of potential charges for filing a false police report in New Jersey:

• 4th degree crime: Prison time up to 18 months, maximum $10,000 fine
• 3rd degree crime: Prison time of 3 to 5 years, maximum $15,000 fine
• 2nd degree crime: Prison time of 5 to 10 years, maximum $150,000 fine
• Restitution payments to the victim (may be ordered in addition to fines imposed)
• Community service
• A term of probation

Common Motivations for Filing False Police Reports

Why would someone risk a criminal conviction to file a false police report? Some are motivated by revenge. When people suffer wrongdoing, slight, or harm, they may file a false report in anger to get back at those who wronged them. Others may seek financial gain by reporting a home invasion to collect insurance money or divert attention from their illegal conduct by implicating another for the crime. Still, others’ poor mental health drives them to report fake information to the police.

Ways to Avoid Conviction for False Police Report Charges

Defense #1: You Didn’t Know the Report was False

Since an element of the crime is intent and knowledge of fraudulent reporting, a prosecutor cannot convict you if you did not know you reported false information to the police. Thus, a lack of knowledge is a defense to the charge. Reporting information that you actually believed was true is not a crime. However, when the truth of your reported information is later found to be false, your honest belief is no longer a defense to the crime. Once you discover the falsity of your statements, you cannot maintain truth as a defense. However, your lawyer may be able to provide supportive proof that you were operating in good faith when you filed the report in the first place.

Defense #2: You Didn’t Intend to Provide False Information

Another defense to filing a false police report is lack of intent. Lack of intent to report false information may defeat a conviction when you can prove that you mistakenly provided wrong information and had no intention of misleading the police. It is not out of the question that you mistakenly reported something inaccurate to law enforcement. Correcting the record with help from an attorney after the fact may help to mitigate the consequences or lead to a dismissal of the charges.

Defense #3: Someone Forced You to File the False Report

Furthermore, when you can prove that someone forced you to provide false information to the police under coercion or duress, you may have a viable defense to falsely implicating another in a crime and misleading law enforcement.

Common Companion Charges in False Police Report Cases

The same factual circumstances underlying a violation of N.J.S.A. 2C: 28-4 may also form the basis of other crimes, such as perjury, false swearing, obstruction of justice, and providing false identification.

Perjury occurs when you falsely testify or make false statements under oath in court or another legal proceeding (N.J.S.A. 2C:28-1). It is a third degree crime, distinct from filing a false police report because the false statement or information is offered in a judicial proceeding. Like perjury, false swearing (N.J.S.A. 2C:28-2) is giving false information or statements under oath, a fourth degree crime. The falsity may be written, such as an affidavit, or spoken, such as your deposition testimony.

When you intentionally deceive police officers with falsities, you interfere with the administration of justice, which is a fourth degree crime. You may also sabotage a police investigation or criminal pursuit, which is considered obstructing the administration of law (N.J.S.A. 2C:29-1), a separate crime from false reporting. However, interfering with police or government operations may also involve hiding or destroying evidence, tampering with witnesses, or preventing an arrest.

Providing false information includes giving law enforcement false names, addresses, or documents (N.J.S.A. 2C:21-2.1), like a fake ID. The aim may be to throw off an investigation or frame someone else for a crime the perpetrator committed. You could face up to five years in prison for a third degree crime if convicted.

Get Help from our Criminal Lawyers to Defend Your False Police Report Case in Mount Holly, NJ

You want the best defense possible when you risk losing your job, family, and future with a lengthy prison sentence. Hiring a criminal defense attorney to handle your filing a false police report case is smart. If you could minimize the consequences of your false reports charges or get them dismissed entirely with the help of a skilled negotiator and litigator with extensive knowledge of false information crimes in New Jersey, wouldn’t you?

Our seasoned criminal defense lawyers at Proetta, Oliver, & Fay can evaluate your case and map out the best defenses available. Call 609-850-8284 to talk through the details of your false police report case with one of our skilled attorneys. We provide free consultations seven days a week, 24 hours a day in order to best serve you and be there to offer defense counsel when you need it most. You can also request a free consultation with our convenient form or set up an appointment at our local office in Evesham Township in Burlington County, NJ.