Yes, it is illegal to lie to the police in California about anything that truly matters in a police encounter. It is far better to claim your right to an attorney and stay silent until you can speak with one. If you’re caught lying to a police officer, they could charge you with several crimes.
But why is lying to the police a crime? And what crimes could you be charged with? Ultimately, it all depends on the situation you lied about and the circumstances at the time of the lie. There’s also the possibility that you have been accused of making false statements.
No matter what, you could benefit from legal representation, and a Burbank criminal defense lawyer can help. If you are concerned about a situation that has not yet resulted in an arrest, keep reading to understand what you could face if you’re caught lying to the police.
Why Should You Never Lie to the Cops?
Under California law, there are three ways to get charged with a crime if you make a false statement when talking with a law enforcement officer:
- When you’re identifying yourself to an officer either verbally or with documentation
- When under oath, in a deposition, inside the courtroom, or in a similar situation
- When reporting a crime or filing a police report
Lies can be of commission or by omission. However, the lie has to be made intentionally to fit the crimes we describe below. If you forget or misreport a minor detail—or if you genuinely say something you believed, even if it’s later disproven—the charge may not stick.
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What Is Perjury?
Covered under California Penal Code Section 118, perjury is when you tell a lie while you’re under oath or when you affirm something to be true despite it being false, like during a deposition. This is a felony-level crime in California, and you could face up to four years in prison if you’re caught engaging in perjury.
For a lie to count as perjury, the state must prove certain things. First, you must know you’re under oath when you lie. Second, you have to intend to lie and try to pass off the lie as the truth. Third, the information must be material to the matter at hand.
This does not have to be verbal. Many government documents have a section that requires you to affirm that all the information is accurate. If you deliberately lie on a form—say, a driver’s license application—you could be charged with perjury.
What Happens if You Lie by Filing a False Police Report?
In California, filing a false police report is a misdemeanor. In addition to the normal sentence, you could be held liable for the costs of any law enforcement action taken because of the false report. The act of swatting is an example.
Swatting is when a false report about a serious crime is made at an innocent person’s location. It’s usually made to get a police SWAT team to respond to the scene. Not only is this response expensive, but it’s also extremely dangerous for the innocent party.
It’s possible they could be assaulted or get killed before the police realize the report was falsified. Another example is in divorce and separation situations when one spouse calls the police and lies to them to make themselves look better in the eyes of family court.
How Does Lying to the Police Relate to an Obstruction of Justice?
Obstruction of justice can have serious legal consequences, as demonstrated in the scenario where lying to the police about a crime can lead to criminal charges. By purposely misleading law enforcement officials, individuals hinder their ability to conduct a thorough investigation.
This means it’s that much harder to bring justice to those involved in criminal activities. That’s why it is important to understand that obstructing justice can result in criminal penalties. Doing so will jeopardize law enforcement’s efficacy and ability to maintain public safety.
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Actions That Can Lead to Obstruction of Justice Charges
The charges and penalties that you’re facing will depend on the circumstances of your situation and the jurisdiction in which it took place. That said, in general, these are examples of actions that could constitute an obstruction of justice charge:
- Tampering with or destroying potential evidence, such as documents, recordings, physical objects, or crime scenes
- Threatening or intimidating potential witnesses, such as trying to convince someone not to cooperate or testify
- Making false statements to a grand jury or during sworn testimony for a legal proceeding
- Knowingly presenting fabricated or altered documents as evidence during an investigation or trial
- Attempting to prevent someone from reporting a crime or cooperating with law enforcement inquiries through threats, deceit, or force
- Tipping off the target of an investigation about an ongoing probe or pending charges to enable them to flee or destroy evidence
- Committing perjury by lying under oath about matters related to a criminal investigation or legal proceeding
- Harassing or threatening public officials like jurors or law enforcement officers involved in a case
- Misleading investigators through deceptive statements or false testimony intended to impede discovery of the full facts of a case
- Bribing public officials or jurors involved with a case in exchange for improper influence over the legal proceedings
Contact a Criminal Defense Attorney if You Were Caught Lying to Law Enforcement
Depending on the circumstances, you could face other criminal charges for lying to a police officer. These include obstruction of justice, resisting arrest, accessory to a crime, and others. The simple fact is that lying to law enforcement is never a good idea.
If you are caught, the courts have a wide range of charges they could try to pin on you. It won’t matter if you thought it was a good reason because excuses will not hold up in court.
Identify yourself, claim your right to a lawyer, and then remain silent until you can speak with your attorney. Call Simmrin Law Group as soon as possible to find out more about us and how we can help you.
Call or text (310) 896-2723 or complete a Free Case Evaluation form