Criminal defense attorneys are often asked by witnesses and victims what could happen if it comes to light that the statement they gave police was not entirely true. This question often comes up in domestic violence cases after a victim realizes that the story they told police at the time of the incident may have been embellished a bit during a fit of anger. Witnesses and victims later become anxious, realizing they might have to take the stand and give an honest account of the event that differs from their previous statement. They worry that they could be charged with a crime themselves for filing a false police report in San Antonio.
When giving an official police statement in Texas, embellishing your story, outright lying, or purposely omitting important details could put you behind bars. If you or someone you care about has been arrested for filing a false police report in the San Antonio area, Sophia Martinez Law can help defend your case.
What Are the Laws Against Filing a False Police Report in San Antonio, Texas?
The State of Texas has more than one written legislation outlawing the filing of a falsified police report in San Antonio. They include:
Texas Penal Code Section 37.08
Section 37.08 of the Texas Penal Code states:
“A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:
(1) a peace officer or federal special investigator conducting the investigation; or
(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.”
(3) a corrections officer or jailer.
Filing a false report under Texas Penal Code Section 37.08 is a Class B Misdemeanor offense, punishable by up to 180 days in jail and a fine of up to $2,000. However, filing a false report about a missing child or missing person in Texas is a Class C offense, punishable only by a fine.
Texas Penal Code Section 42.06-False Alarm or Report
A person commits an offense under Texas Penal Code Section 42.06 if they knowingly initiate, communicate or circulate a report of a present, past, or future bombing, fire, offense, or another emergency that they know is false or baseless and that would ordinarily:
- Cause action by an official or volunteer agency organized to deal with emergencies
- Place a person in fear of imminent serious bodily injury or
- Prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other mode of conveyance
Offending Texas Penal Code Section 42.06 is a Class A misdemeanor unless the false report involved any of the following entities; in which case the crime will be charged as a state jail felony:
- An institution of higher education
- A public primary or secondary school
- Public communications
- Public transportation
- Public water
- Gas supply
- Power supply
- Other public service
Making a false police report to induce an emergency response under Section 42.06 is a Class A Misdemeanor but can become a felony if:
- The defendant has previously been convicted two or more times of an offense under this section
- The false report was of a criminal offense to which a law enforcement agency or other emergency responder responded, and a person suffered serious bodily injury or death as a direct result of lawful conduct arising out of that response
To learn more about which Section applies in your specific scenario, contact a San Antonio defense attorney.
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Seek Qualified Legal Counsel for Filing a False Police Report in San Antonio, Texas
If you included misleading or erroneous information when telling local San Antonio authorities about an incident, you could be in violation of Texas State Law. An arrest for filing a false police report in San Antonio could land you time behind bars, hefty fines, and other harsh penalties.
Do not face these tough consequences without enlisting the help of an experienced professional who has the know-how to protect your rights. Former Assistant District Attorney Sophia C. Martinez has over 25 years of experience fighting criminal cases in the San Antonio area.
Sophia Martinez Law offers clients legal representation that they can trust. Sophia C. Martinez speaks English and Spanish, so clients from all backgrounds can feel comfortable discussing their needs. Call (210) 226-3000 or fill out our contact form to learn more about how Sophia Martinez can help you.