The state of California considers making a false report about an emergency, fire, or a crime to be a criminal act. In fact, individuals may be prosecuted under California Penal Code Section 148.3, 148.4 & 148.5: Falsely Reporting an Emergency, Fire, or Crime for this action.
These three charges can be difficult to understand without a legal background. A criminal justice lawyer in California can make sure you understand the ins and outs of PC 148.3, 148.4, and 148.5 if you’ve been charged with this crime. We can get you through this.
Penal Code Section 148.3: Falsely Reporting an Emergency
Individuals may be charged under PC 148.3: Falsely Reporting an Emergency if they knowingly make a false claim about an emergency. PC 148.3 can be prosecuted as a misdemeanor or a felony. Felony charges generally only apply if an individual reports a false emergency, knowing that responders could face bodily injury or death.
Under California law, an emergency is defined as any condition that might, or does, cause any of the following:
- The response of an emergency vehicle
- The evacuation of any space
- The activation of the Emergency Alert System
- The sending out of an AMBER Alert
Penal Code Section 148.4: Falsely Reporting a Fire
Falsely reporting a fire can lead to specific criminal charges under PC 148.4 in California. Individuals may face PC 148.4 charges if they activate a false fire alarm in any manner.
Note that PC 148.4 charges also apply if an individual purposefully carries out actions that will break or damage:
- Fire protection equipment
- Fire protection installation
- Fire alarm apparatuses
- Fire alarm wires
- Fire alarm signals
Falsely reporting a fire is generally charged as a misdemeanor. However, if someone sustains a great bodily injury or dies due to the false report, PC 148.4 can be prosecuted as a felony in California.
Penal Code Section 148.5: Falsely Reporting a Crime
Making a false report regarding a criminal act can be prosecuted under PC 148.5 in California. Individuals can face criminal charges for falsely reporting a crime to:
- Peace officers
- Employees of state or local agencies
- Grand juries
- The attorney general or deputy attorney general
- District attorneys or deputy district attorneys
Individuals may falsely report either misdemeanors or felonies to be convicted under PC 148.5. Note that unlike PC 148.3 or PC 148.4 charges, PC 148.5 is only charged as a misdemeanor in the court system.
Penalties for a PC 148.3, 148.4, or 148.5 Conviction
The penalties for misdemeanor or felony charges in California are different. Depending on the specific charges an individual is facing, they could be sentenced to a variety of charges.
Misdemeanor Penalties
For a misdemeanor conviction, some of the charges the defendant could face include:
- Fines of up to $1,000
- Jail time of up to one year
- Reimbursement to the applicable public agency for any expenses incurred related to the emergency response
- Summary probation
Felony Penalties
Potential penalties get much harsher for a felony charge. A defendant could be looking at:
- Fines of up to $10,000
- Prison time of up to three years
- Reimbursement to the applicable public agency for any expenses incurred related to the emergency response
These penalties should always be taken very seriously. Individuals accused of falsely reporting an emergency, a fire, or a crime should contact a professional legal team right away.
Related Charges
California also penalizes other false claims and reports harshly. Individuals may face similar penalties for violations of:
- California Penal Code Section 115: Filing a False Document
- California Penal Code Section 118.1: Police Officers Filing False Reports
- California Penal Code Section 132 & 134: Offering or Preparing False Evidence
Examples of PC 148.3, 148.4, or 148.5 Charges
Increase your familiarity with PC 148.3, 148.4, or 148.5 charges with these examples:
Man A has been fired from his job. He is angry and calls in a bomb threat. The building is evacuated, and the police bring in the bomb squad to investigate. The building is swept and found to be clear. Man A could be charged under California Penal Code Section 148.3.
Man B thinks it would be funny to get out of work by reporting a fire. He pulls the fire alarm and calls the fire department, reporting that there’s an inferno at his place of business. Once firefighters confirm that there is no fire, Man B could be convicted of a misdemeanor Penal Code 148.4 violation.
Man C is angry with his ex-girlfriend and decides to get her back. He falsely accuses her of selling drugs to neighborhood kids. The police investigate the case. They find that the accusations are completely unfounded. Man C could be prosecuted under PC 148.5.
Building a Defense Against PC 148.3, 148.4, or 148.5 Charges
It can be difficult to legally defend yourself from PC 148.3, 148.4, or 148.5 charges alone. You may be able to get help protecting your future by contacting a criminal defense lawyer in Los Angeles. A legal professional may be able to argue several points in your defense. Some of the most common defenses against these charges include:
- Mistake of fact
- Actual emergency
- Did not report an “emergency”
Mistake of Fact
Sometimes people make a false report of an accident because they don’t have all the facts. A person might report a fire at their neighbor’s house because they see smoke billowing out of the window only to discover after making the call that the neighbor had simply burnt their dinner.
Actual Emergency
Your attorney may be able to argue that you were reporting on an actual emergency. Maybe you saw someone getting beaten with a baseball bat, but by the time the police arrived, both parties had left the scene, and there was no sign of an altercation.
Did Not Report an “Emergency”
In order to be convicted of falsely reporting an emergency, a defendant must have reported something that fits into the legal definition of an emergency. If someone made a report to law enforcement about recent activity in the area, they would not be guilty of falsely reporting an emergency.
Speak with a Criminal Defense Lawyer in Los Angeles Now
You can get the legal support you need if you are charged under California Penal Code Section 148.3, 148.4 & 148.5: Falsely Reporting an Emergency, Fire or Crime. The professionals at the Simmrin Law Group can start going over your case today with a free, no-obligation initial case evaluation.
You can talk to a criminal defense lawyer in Los Angeles today by giving us a call or filling out our online contact form. Your freedom is on the line. Don’t trust your future to anything less than the experienced legal counsel you deserve.