Filing a false police report is a serious offense that can have significant legal consequences. In the state of New Jersey, knowingly providing false information to law enforcement authorities can result in severe penalties. Understanding the implications of filing a false police report is crucial to deter individuals from engaging in such actions and maintain the integrity of the criminal justice system.
What Constitutes A False Police Report In New Jersey?
To comprehend the crime of filing a false police report, it’s important to know what actions fall under this offense. In New Jersey, the specific law related to filing a false police report is outlined in NJ Rev Stat Section 2C:28-4. This is explained below.
Falsely Incriminating Another
Under this statute, it is considered a crime when a person knowingly provides false information to a law enforcement officer with the purpose of implicating someone else in a crime. This act is known as “falsely incriminating another.” The severity of the offense depends on the nature of the crime being falsely reported.
Third Degree Crime
If you knowingly provide false information that would implicate another person in a crime of the third degree or lower, you may be charged with a crime of the third degree. The consequences for a third-degree crime in New Jersey can include a fine of up to $15,000 and a prison sentence ranging from 3 to 5 years.
Second Degree Crime
However, if the false information you provide would implicate the person in a crime of the first or second degree, the offense is elevated to a crime of the second degree. Second-degree crimes carry more severe penalties, including higher fines of up to $150,000 and a prison sentence ranging from 5 to 10 years.
It’s important to note that knowledge of the specific grade of the crime is not a requirement for the offense. Therefore, claiming ignorance about the severity of the crime will not serve as a defense.
Fictitious Reports
The second part of this statute focuses on “fictitious reports.” It covers two situations that can lead to criminal charges:
Reporting Non-Existent Offense
It is considered a crime of the fourth degree to report or cause to be reported an offense or incident to law enforcement authorities when you know that it did not actually occur.
Providing False Information
Similarly, it is a crime of the fourth degree to pretend to furnish or cause to be furnished information related to an offense or incident to law enforcement authorities when you know that you have no relevant information.
Fourth Degree Crime
Reporting or causing to be reported to law enforcement authorities an offense or incident that you know did not occur, or pretending to provide information about an offense or incident when you know you have no relevant information, is considered a crime of the fourth degree. A fourth-degree crime can result in a fine of up to $10,000 and a prison term of up to 18 months.
Investigating False Police Reports
Law enforcement agencies take false police reports seriously and conduct thorough investigations to verify the accuracy of the information provided. A law enforcement officer employs various methods, including interviewing witnesses, examining physical evidence, reviewing surveillance footage, and conducting background checks. These investigative efforts ensure that law enforcement resources are allocated efficiently and that justice is served.
Why Do People File False Police Reports With Law Enforcement Officers?
Understanding the motivations behind filing false police reports can shed light on the complexities of this offense. Some common reasons individuals might engage in such behavior include seeking revenge, diverting attention from their own wrongdoing, attempting to gain a financial advantage through insurance fraud, or even trying to frame someone else. Psychological factors, such as mental health issues or an individual’s personal circumstances, can also contribute to the filing of false reports.
Defenses Against False Police Report Charges
When challenging the prosecution’s ability to prove knowledge of falsity in a false police report case, an attorney can employ various strategies to cast doubt on the defendant’s intent to deceive. Here are some approaches that an attorney may use:
Lack Of Knowledge
One potential defense that could apply to charges under NJ Rev Stat § 2C:28-4 is a lack of knowledge. If you genuinely had no knowledge that the information you provided was false or that it would implicate another person in a crime, this lack of knowledge may serve as a defense. However, it’s important to note that this defense does not apply to the grade of the crime. Even if you were unaware of the severity of the offense, it will not excuse the false report.
Lack Of Intent
Another defense that could be relevant is a lack of intent. To be found guilty under this statute, the prosecution must prove that you knowingly and purposefully provided false information or falsely incriminated another person. If it can be shown that you made an innocent mistake or there was no intentional effort to deceive law enforcement authorities, this lack of intent could serve as a defense.
Truth As A Defense
In some cases, truth can be used as a defense. If you can demonstrate that the information you provided, although later determined to be false, was initially believed to be true at the time of reporting, it could potentially be a defense. However, if it can be proven that you knowingly continued to provide false information after discovering its falsity, this defense may not be applicable.
Duress Or Coercion
If you were coerced or forced by someone else to provide false information or falsely incriminate another person, you may have a defense based on duress or coercion. However, it is important to provide evidence supporting this claim.
Constitutional Defenses
Constitutional defenses may also come into play. For example, if law enforcement obtained the false information through an unlawful search or interrogation, it could potentially undermine the admissibility of the evidence.
Related Offenses to NJ Rev Stat § 2C:28-4
False Swearing (NJ Rev Stat § 2C:28-2)
False Swearing is a related offense that involves knowingly making false statements under oath or providing false information in a written document, such as an affidavit or deposition. This offense is different from false reports to law enforcement authorities under NJ Rev Stat § 2C:28-4 because it specifically pertains to false statements made under oath. False swearing is a serious offense and can result in criminal charges.
Obstruction of Justice (NJ Rev Stat § 2C:29-1)
Obstruction of Justice is another related offense that involves intentionally obstructing, impairing, or interfering with the administration of law or government function. This offense may include actions such as providing false information to law enforcement officers, destroying evidence, or intimidating witnesses. While false reports to law enforcement authorities (NJ Rev Stat § 2C:28-4) may be one form of obstruction of justice, this offense encompasses a broader range of actions.
Perjury (NJ Rev Stat § 2C:28-1)
Perjury is a specific form of false swearing that involves intentionally providing false testimony or making false statements under oath in a judicial proceeding, such as a court trial or deposition. Perjury carries severe penalties and is considered a serious offense. It is important to note that perjury is distinct from false reports to law enforcement authorities (NJ Rev Stat § 2C:28-4), as it specifically pertains to false statements made in a judicial context.
Providing False Identification (NJ Rev Stat § 2C:21-2.1)
Providing False Identification is another related offense that involves knowingly providing false identification or false information to law enforcement officers during an investigation or arrest. This offense typically pertains to situations where individuals provide false names, addresses, or identification documents with the intent to deceive law enforcement. While it differs from false reports to law enforcement authorities (NJ Rev Stat § 2C:28-4), it is still considered a serious offense.
New Jersey Criminal Defense Lawyers
Filing a false police report is a serious criminal offense with significant legal consequences in New Jersey. The state takes measures to ensure the integrity of the criminal justice system and discourage such behavior. By understanding the definition, legal implications, and investigative processes associated with false police reports, individuals can contribute to maintaining a fair and just society. If you find yourself charged with an offense related to filing a false police report, it is crucial to seek legal advice promptly. Contact the Law Offices of Jonathan F. Marshall, renowned for their expertise in criminal defense, to ensure your rights are protected and to navigate the legal process effectively.
