Is it illegal to lie to the police? A defense attorney explains

It is illegal to lie to the police in some circumstances. It is a crime to lie about your identity to a law enforcement officer during a traffic stop or while being placed under arrest.

Filing a false police report is also a crime. The most serious offense, however, is perjury, which can be a felony.

When is it illegal to make a false statement to law enforcement?

The law against making false statements to police officers is different in every state. However, if you lie to law enforcement, it is generally going to be illegal in the following 3 circumstances:

1. when providing identifying information,
2. when under oath, and
3. when filing a police report or reporting a crime.

Details will diverge in different states. California, however, makes it illegal to lie to police in all 3 situations.

Providing false identifying information

In California, it is a misdemeanor to provide false information or documentation to a police officer who is enforcing traffic laws.¹

This covers things like:

• giving police a false name,
• providing a fake driver’s license or one that was borrowed,
• using counterfeit, forged, or fake vehicle registration, and
• lying about the weight of the truck you are driving.

For example: Mark was driving while drunk and caused an accident. At the crime scene, he tells police that he is actually Dave, his brother, in an attempt to avoid being charged with the criminal offense of driving under the influence (DUI).

This particular California statute is limited to the enforcement of the traffic code by local law enforcement and peace officers.

• Vehicle Code 20 VC covers providing false identification to the California Highway Patrol (CHP) or to the Department of Motor Vehicles (DMV).
• Another statute, Penal Code 148.9 PC, prohibits knowingly providing false identification to police after being arrested or lawfully detained.²

Other states, like Florida, have similar laws.³

Violations of the California laws are misdemeanors. They can carry up to 6 months of jail time in county jail.

While laws do not make it a crime to provide false identification during a consensual police encounter, providing false information in other circumstances may still be considered obstruction of justice for resisting arrest.⁴

Perjury

Perjury is the crime of deliberately giving false testimony while under oath. In California, prosecutors have to prove that:

• the defendant took an oath to tell the truth,
• he or she willfully passed off false information as truthful,
• the information was material, or important,
• the defendant knew that he or she was making the statement while under oath, and
• the defendant intended to lie when making the false statement.⁵

The range of this crime is further than many people realize. It does not only apply to an ongoing

• criminal investigation,
• grand jury, or
• criminal court.

Many official documents, for example, are filled out and signed under oath. These include:

• driver’s license applications,
• signed affidavits, declarations, or certificates, and
• depositions.

Some of these documents are commonly handed to police officers.

As in many other states, perjury is a felony in California. This is a serious crime. A conviction can carry up to 4 years in prison.

Filing a false police report

Every state makes it illegal to file a false police report of a crime. In California, filing a false police report is a misdemeanor offense. Some other states treat it as a felony in some circumstances.

In Michigan, for example, it is a felony to knowingly make a false report of a crime of terrorism to anyone, including to law enforcement. Convictions carry up to 20 years in prison.⁶

Defendants may also be held civilly liable for the costs of law enforcement’s response to the fake report.

What about lying to federal agents?

Lying to federal agents can be a federal offense.

Federal criminal law makes it a crime to knowingly and willfully:

• falsify or conceal a material fact,
• make any materially false statement or representation, or
• use a false writing or document, knowing that it contains materially false statements.⁷

This law covers giving false information to the federal executive, legislative, or judicial branches. This includes agents from the:

• Federal Bureau of Investigation (FBI),
• Central Intelligence Agency (CIA),
• Drug Enforcement Administration (DEA), and
• Immigrations and Customs Enforcement (ICE).

This is a felony offense. Convictions carry up to 5 years in prison.

Can you be charged with a felony for lying to a police officer?

Lying to a police officer is usually a misdemeanor. However, if the false statement was made under oath, it can amount to perjury. This offense is a felony in California and in many other states.

When facing a felony offense, it is even more important to establish an attorney-client relationship with a criminal defense lawyer from a local law firm. Their legal advice can help you make informed decisions about your defense strategy.

What if I did not intend to lie?

All of these offenses require the defendant to make false statements to the police knowingly. Proof that you did not know the statement was false is a strong defense to one of these charges.

An experienced criminal defense attorney can use evidence that you did not knowingly make a false statement or did not intend to lie to fight these serious criminal charges.

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