What Is the Punishment for Filing a False Police Report in California?

September 30, 2026 | Nafiz M. Ahmed

Knowingly reporting a crime that did not happen can lead to criminal charges in California. Under Penal Code § 148.5, knowingly making a false report of a felony or misdemeanor to law enforcement or another person authorized to receive the report is a misdemeanor.

A conviction can result in jail time and a fine. However, incorrect information does not automatically amount to a false police report. The prosecution must prove that you knew the report was false when you made it.

What Penalties Can You Face for a False Police Report?

Filing a false police report under Penal Code § 148.5 is a misdemeanor. Because the statute classifies the conduct as a misdemeanor without establishing a separate punishment, California’s general misdemeanor sentencing provision applies.

A conviction can carry:

• Up to six months in county jail
• A fine of up to $1,000
• Both jail time and a fine

A conviction also creates a criminal record, which may have consequences beyond the sentence imposed by the court.

Can You Be Charged for Making a Mistake in a Police Report?

An honest mistake is different from knowingly filing a false police report. Penal Code § 148.5 requires that the person know the report is false.

People do not always remember stressful or fast-moving events perfectly. A witness might be mistaken about what they saw, remember a detail incorrectly, or provide information that later turns out to be wrong. Those circumstances do not by themselves establish a violation of Penal Code § 148.5.

The prosecution must prove that you knew the report was false when you made it. Evidence showing what you knew or believed at the time can therefore play an important role in the case.

Are There Other Charges Related to Making a False Report?

California Penal Code § 148.3 separately prohibits knowingly making a false report of an emergency to a government agency. This could include falsely reporting an emergency that causes police officers, firefighters, paramedics, or other emergency personnel to respond.

Making a false emergency report is generally a misdemeanor. More serious penalties may apply if the person knows or should know that the emergency response is likely to cause death or great bodily injury, or if great bodily injury or death results from the false report.

Other charges may also apply depending on what was reported and what happened afterward.

What Are the Defenses to a False Police Report Charge?

Being accused of filing a false police report does not mean you will be convicted. Prosecutors must prove that you knowingly made a false report, and the circumstances surrounding what you said, what you believed at the time, and the evidence available can all affect the case. 

Depending on the facts, possible defenses include:

• You believed the report was true: Penal Code § 148.5 requires knowledge that the report was false. A good-faith belief that the information was accurate may prevent the prosecution from establishing this element.
• There is insufficient evidence: The prosecution must prove the charge beyond a reasonable doubt. The available evidence may not establish that you deliberately provided false information.
• You were falsely accused: There may be a dispute about what you actually said to law enforcement or the circumstances surrounding the report.

A criminal defense attorney can examine the report, statements, recordings, messages, witness testimony, and other evidence to determine whether the prosecution can prove its case.

Contact Ahmed & Sukaram, Criminal Defense Attorneys to Schedule a Confidential Consultation With a San Jose Criminal Defense Lawyer

Filing a false police report can result in jail time, fines, and a criminal record. However, the prosecution must prove that you knowingly made a false report, and an honest mistake does not necessarily amount to a crime.

False emergency reports can carry additional consequences, particularly when an emergency response results in serious injury or death. The facts surrounding the report, what you knew at the time, and the available evidence can all be important when defending against these charges.

If you are facing charges in California, contact Ahmed & Sukaram, Criminal Defense Attorneys today to schedule a confidential consultation with a San Jose criminal defense attorney.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500