Obstruction of justice is the criminal act of interfering with due process and administration of the law. The interference includes meddling with a criminal investigation or criminal proceeding. California links the criminal act of interfering with an investigation with providing false information to police.
Contents
- How Does California Define Providing False Information to Police?
- How Is Law Enforcement Defined in California?
- What Does The Prosecutor Have to Prove to Convict Me of Providing False Information?
- Is Providing False Information a Misdemeanor Offense?
- Why Was I Charged with Felony Providing False Information to a Police Officer?
- Are There Any Defenses to This Criminal Charge?
- Should I Contact a Lawyer Regarding This Criminal Charge?
How Does California Define Providing False Information to Police?
The state defines this criminal act as not giving false information to law enforcement by:
- Filing a police report
- Telling false information to police
- Falsely identifying themselves to police
- Using a fake/forged driver’s license
- Giving a fake, forged, or counterfeit vehicle registration
How Is Law Enforcement Defined in California?
A peace officer is anyone who engages in law enforcement such as:
- Police officer
- Marshal
- Sheriff
- Deputy marshal
- California Highway Patrol
- Inspector with the district attorney’s office
- Investigator with the district attorney’s office
What Does The Prosecutor Have to Prove to Convict Me of Providing False Information?
The prosecutor must be able to prove that the defendant:
- Gave false information to a police officer who was in performance of their duties
- Knew the information was false
- Should have known or actually knew the person the defendant was giving information to was a peace officer
Is Providing False Information a Misdemeanor Offense?
Yes. A conviction of providing false information is a misdemeanor. It is punishable by up to 6 months in jail and/or a fine of up to $1,000.
Why Was I Charged with Felony Providing False Information to a Police Officer?
The defendant can face a felony charge if their offense included perjury or fraud. Examples of fraud includes false insurance information or a fake driver’s license.
Are There Any Defenses to This Criminal Charge?
Yes. Specific defenses to this crime include:
- The defendant told the truth
- The defendant thought they told the truth in good faith
- Not knowing the individual was a peace officer
Should I Contact a Lawyer Regarding This Criminal Charge?
It’s in your best interest to contact a California criminal lawyer to discuss your possible defenses.