What is the penalty in California for filing false police reports to harass someone?

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What is the penalty in California for filing false police reports to harass someone?

A person has filed 3 separate police incident reports against me (all false), with the intent of having me incarcerated. These reports are very random and range from spying on her daughter, threatening her for calling police, removing phone lines so she couldn’t call police, printing counterfit money, bugging all of the rooms in my house with listening devices, etc. All of the accusations were without merit and the incident reports said no crime committed, but they have caused me considerable distress. I dont have money for a lawyer. Do I need a lawyer to pursue this?

Asked on June 17, 2009 under Criminal Law, California

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Although I do not practice law in California, my research suggest that the crime of filing a false report is covered by California Penal Code 148.5, which makes the crime a misdemeanor.  My research also suggests that the maximum penalty committing a misdemeanor in the state of California is six months.  That being said, it appears that this individual potentially be charged with three counts of filing a false report.  Additionally, harassment is a separate crime on its own.  

Whenever you are dealing with the police, having legal representation is a good idea.  However, it may be possible for you to handle this yourself simply by pointing out to the investigating officer(s) the fact that this individual has filed multiple false reports against you, and that each of these reports have been found to be false, thereby suggesting that this individual may have committed the crimes discussed above.  Good luck.


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