If you have been charged with filing a false police report, do not take this charge lightly. False police reports are viewed as a drain on an overworked police system and a waste of taxpayer funds; therefore this charge is aggressively pursued. If you are convicted of filing a false report in New Jersey you can face a hefty fine, potentially lengthy stays in jail, community service, and will have a criminal record that can follow you for years.
If you have been charged with filing a false report and want to avoid the harsh penalties that come with this charge, then contact us today. We serve clients in Mays Landing, Cape May Courthouse, Atlantic City, Egg Harbor Township, Galloway Township, Hamilton Township, Pleasantville, Margate, Vineland, Camden, Mount Holly, Bridgeton, Toms River, Wildwood, Absecon, Longport, Ocean City, Somers Point, and throughout New Jersey. To schedule a free and confidential expungement consultation call us at (609) 616-4956 or contact us online today.
New Jersey False Report Laws
It is a serious offense to file a false police report in New Jersey with steep punishments. The New Jersey legislature has enacted such tough penalties for filing false police reports as a way of deterring people from wasting police time and resources while they investigate a crime that never occurred. In addition, the penalties for filing a false police report are set so strictly because of the potential damage filing a false police report can have on another person, who would be falsely accused of a crime. The New Jersey False Report Law can be found at 2C:28-4 and provides for two ways that the State can charge a person for filing a false report.
The first way a false report charge arises is where someone falsely incriminates another person. The second way provided for in 2C:28-4 can apply is where a defendant files a fictitious police report or statement.
Proving a False Accusation Charge Under 2C:28-4(a). To convict someone under N.J.S.A. 2C:28-4(a) for falsely incriminating another person, the State must prove beyond a reasonable doubt that the defendant: (1) Knowingly; (2) Gave or caused to be given false information; (3) To any law enforcement officer; and (4) Did so with the purpose to implicate another.
Proving a Fictitious Report Charge Under 2C:28-4(b). The State can also convict someone under N.J.S.A. 2C:28-4(b) for making a fictitious report if the defendant: (1) Reports or causes to be reported to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; OR (2) Pretends to furnish or causes to be furnished such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident.
What are the Penalties for a False Police Report in Atlantic County?
As noted above the New Jersey False Report Law has two separate sections that a person may violate. Therefore, there are different penalties for each.
If you are charged with falsely reporting another person under N.J.S.A. 2C:28-4(a) it will be considered to be a crime of the fourth degree. If you are convicted of fourth-degree charge false reporting, then you may face up to eighteen (18) months of imprisonment. In addition to a lengthy imprisonment, if you are convicted of a fourth-degree crime then you can be assessed a hefty fine of up to $10,000.00.
As noted above, the second way that a person may be charged with filing a false report is by filing a fictitious report under N.J.S.A. 2C:28-4(b) is a disorderly persons offense. This is considered to be a disorderly persons offense. If you are tried and convicted of filing a false report under 2C:28-4(b), you may be sentenced to up to six (6) months in the County Jail. Additionally, a person who is convicted under this section may face a fine of up to $1,000.00. There is also the possibility for the court to impose a period of community service and probation.
Contact an Experienced Atlantic City Criminal Defense Lawyer If Charged with Filing a False Police Report
Do not be mistaken; filing a false police report can potentially be disastrous. You may face jail time, high fines, community service, and will earn a criminal record. We serve clients in Mays Landing, Cape May Courthouse, Atlantic City, Egg Harbor Township, Galloway Township, Hamilton Township, Pleasantville, Margate, Vineland, Camden, Mount Holly, Bridgeton, Toms River, Wildwood, Absecon, Longport, Ocean City, Somers Point, and throughout New Jersey. To schedule a free and confidential consultation call us at (609) 616-4956 or contact us online today.