Today on the blog, we wanted to take some time to explain a commonly misunderstood section on New York law, filing a false police report and its penalties. When the police show up, everything you say on their report is going on record. Every single word will be combed through, and if anything you said is found to not be true, you could face serious charges.
If you're facing these charges, you need an experienced criminal defense attorney in WNY. Don't hesitate to reach out to Daniel DuBois, a top-notch defense lawyer, to answer your questions and defend your rights.
Filing a false police report isn't as simple as determining whether or not you lied to the police. Obviously, outright lying is covered by the law and is punishable. However, there is more to it. Many times, people make statements that appear true on the surface, but a deeper look proves them untrue. We would still call these false statements, they could also be known as material omissions.
What are Material Omissions?
Material Omissions generally means that the person in question made a statement of fact, however, it doesn't show the full context of the incident. One example would be if someone filed a report about a car accident during a storm because someone pulled out ahead of them. It would appear to be the case that the incident happened, but a closer look reveals that instead, the car that had been hit was parked and unoccupied. The law treats these two, lies and omissions, in the same regard. Keeping with this example, it could also lead to further charges.
What are the consequences of making a false statement or filing a false report in new york?
The consequences of falsely reporting a crime depend on the severity and other factors, but it can be classified as either a misdemeanor or felony. That means it can carry up to either 1 year or 7 years, depending on the severity of the charge. That's before getting into other charges that may have been associated.
By now, you're probably asking about how to defend yourself against the charge. If you talk to our experienced criminal defense team, we'll explore your options and have to ask you questions. Your answers could be a vital defense, and we never judge.
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If you're facing the charge of filing a false police report, anything related to it, or any other crime, it is stressful. Here at DuBois Law, we understand. We never judge. Give us a call today for a FREE consultation at (888)NT-GLTY (888-684-8589) or by filling out our online contact form