What happens if you give false information to police in South Carolina?
There are several criminal charges in South Carolina for giving false information to police in different situations. If you have been charged with a crime for lying to police, you may have defenses to the charges – or there may be options available to you that would allow you to avoid a conviction.
Below, we will discuss what might happen if you give false information to police including:
- Charges for filing a false police report,
- Charges for making a false complaint to the police,
- Charges for misrepresenting your identification to a police officer, and
- Potential penalties for giving false information to police.
What Happens if You Give False Information to Police in South Carolina?
Did you know that police are allowed to lie to you? If it will help them to get a “confession” in an interrogation, the courts have no problem with cops lying to us.
If you lie to the police, however, that’s something different entirely. You could be arrested and charged with:
- Filing a false police report,
- Making a false complaint, or
- Misrepresenting your identification to the police.
Filing a False Police Report
It is against the law to falsely report a crime – whether it is a felony or misdemeanor – in South Carolina. To be convicted of filing a false police report, you must have knowingly made the false report of a crime.
For example, what if you called the police and reported that your neighbor broke into your house (because you thought you saw your neighbor breaking into your house and running away through the backyard), but, when the police arrive, they discover that your neighbor was actually chasing his dog who had escaped into your yard?
You made a false report, but it was not made knowingly, so you are not guilty of filing a false police report.
On the other hand, if you call the police and report that your neighbor broke into your house, and the police discover that 1) there is no evidence that your neighbor broke into your house and 2) there is evidence that you had a grudge against your neighbor and made the false police report to have him wrongfully arrested, you could be convicted of filing a false police report.
False Complaints to Police, Rescue Squad, Fire Department
A related charge is making a false complaint to police, a rescue squad, or a fire department.
If you 1) falsely tell a law enforcement officer (even if no police report is filed) that someone has committed a crime, or 2) falsely tell a rescue squad or fire department that there is a health emergency or a fire, you can be arrested and charged with making a false complaint.
What if you just pull a fire alarm as a joke?
South Carolina has a separate criminal law that prohibits causing a false alarm with a fire alarm or police alarm box, that carries a mandatory minimum sentence of 60 days in jail.
Misrepresenting Identification to Police
It is also a crime to misrepresent your identification to a police officer “during a traffic stop or for the purpose of avoiding arrest or criminal charges.”
This could mean giving the officer a fake ID (which may result in additional charges) or just lying to the officer about your identity if it is done 1) during a traffic stop or 2) for the purpose of evading arrest.
Potential Sentences for Providing False Information to Police
What are the potential penalties for providing false information to police in South Carolina?
Filing a False Police Report
SC Code § 16-17-722 says that filing a false police report is a felony that carries up to five years in prison and/or a one thousand dollar fine if the false report was concerning a felony.
If the false report was concerning a misdemeanor, the charges are also a misdemeanor that is punishable by up to 30 days in jail and/or a $500 fine.
False Complaints to Police, Rescue Squad, Fire Department
SC Code § 16-17-725 says that making a false complaint to a police officer about the commission of a crime (when no police report is filed) or giving false information to a rescue squad or fire department about a health emergency or fire is a misdemeanor that carries up to 30 days in jail or a $200 fine.
Misrepresenting Identification to Police
Misrepresenting your identification to a police officer is also covered by SC Code § 16-17-725. Whether the false information was given to the officer 1) during a traffic stop or 2) to evade arrest or avoid criminal charges, it is a misdemeanor that carries up to 30 days in jail or a $200 fine.
Questions About Criminal Charges for Giving False Information to Police in South Carolina?
If you have been arrested and charged with giving false information to police in South Carolina, whether it involves filing a false police report, making a false complaint, or misrepresenting your identification to police, you may have defenses that you aren’t aware of.
Get an experienced criminal defense lawyer on your side immediately who can begin preparing your defense, work to get your case dismissed, negotiate on your behalf, and try your case to a jury when necessary.
Call 843-761-3840 or use this form to contact us today to discuss your case and start working towards the best possible outcome for you.
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