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Drug possession in California can lead to jail sentences and other penalties. The actual consequences depend on many factors, such as the type of drug in question, your intentions with it, quantity, etc. If you’d like to learn more about the possession of a controlled substance and subsequent consequences under California drug laws, check out the article below!
What Is a Controlled Substance?
The term[1]controlled substance refers to a drug whose use is regulated by the law. Some substances, such as heroin and cocaine, are illegal in all situations. Others require a prescription[2], such as oxycodone and morphine.
The reason why the use of these chemicals and drugs is under strict government monitoring is potential addiction and abuse. If you are charged with possession of a controlled substance, don’t hesitate to contact our attorneys. Our team has extensive experience and expertise in dealing with drug crimes, which can help build the best defense for your case.
What Is Possession of a Controlled Substance?
According to California drug laws, there are two different possessions. The first one is simple possession, which indicates you had the drug for personal use. Your charges could also indicate possession with intent to sell, which implies you planned to sell the substance.
If a police officer finds you with a drug listed among the Schedule drugs[3], you’ll probably be charged with possession of a controlled substance. Simple possession could be an infraction, which means a fine is the only possible penalty. If they classify it as a misdemeanor, it could be up to a year of jail time and a fine. Depending on the substance quantity, type, and prior convictions, substance possession could be a felony[4].
If you get those charges, make sure to contact a drug crimes lawyer. A professional attorney will identify a solid defense for your case and help get the best out of the entire situation. The severest penalties for the drug possession charges California has are related to transporting and possessing a controlled substance with the intention of selling it. If you moved the drug across at least two counties, the maximum sentence is up to nine years in jail.
How Does California Classify Controlled Substances?
The United States has a Controlled Substances Act[5]on a federal level. However, the states also have the right to create lists of Schedule drugs.
According to the California Health and Safety Code, you’ll find five categories of scheduled substances:
Schedule I [6]. There’s no medical use for these drugs, and they come with a dangerous risk of abuse and addiction. The list includes heroin, LSD, PCP, ecstasy, and other opiates and hallucinogens. Although marijuana is in this group, lawmakers will likely remove it soon.
Schedule II. Amphetamine and methamphetamine, as well as their precursors, are in this group [7]. You’ll also find Vicodin and morphine, which can be bought with a prescription.
Schedule III [8].The Schedule 3 drugs have some medical use but also a moderate risk of abuse and addiction. They include ketamine, testosterone, dronabinol, etc.
Schedule IV. Xanax is a controlled substance in this group, as well as valium and phentermine. The medical community approves using these drugs, but only with a prescription.
Schedule V. These have the lowest abuse and addiction risk and wide use in the medical community. Motofen, Lomotil, and even some cough medications are in this group.
What Are the Penalties for Drug Possession in California?
The penalties vary on the type and quantity of the drug, your intent with it, and other aggravating circumstances. For example, the penalty for possession of drug paraphernalia in California could be up to six months of jail time. You might be eligible for a diversion program[9] depending on your specific case.
Penalties for Possession of a Controlled Substance
The only way you could legally have a controlled substance on you is if you have a valid prescription and the amount within the specified range. Otherwise, you could be facing a charge for drug possession under the California drug laws.
Depending on the details, you could be facing charges for the following:
Actual possession. It happens when you have the drug on you. The police often find it in someone’s pockets or even shoes.
Constructive possession. You were driving your car and had the drug in the compartment by the passenger’s seat. That means you exercised control over it and could access it easily. The same applies to keeping the drug in a gym locker. If it’s reasonable to assume it’s yours, you could face charges for constructive possession[10].
Joint possession. It happens if multiple persons have access to the drug. For example, joint possession of drugs occurs at parties or when two people are driving in a car. If nobody wants to admit the drug is theirs, everyone involved gets a joint possession charge.
Penalties for Possession of Marijuana
You can legally possess up to 28.5 grams[11] for recreational use in the State of California. The only condition is that you need to be at least 21 years old. It’s also unlawful to possess marijuana on K-12 school grounds[12]while classes are in session.
Depending on the offense, possessing marijuana could be an infraction or misdemeanor[13]. The fines range from $100 to $500, and other penalties include community service, drug counseling, and jail time.
Possession of Concentrated Cannabis
According to California drug possession laws, you can legally possess up to eight grams of cannabis concentrate for recreational use[14]. But if you use medical marijuana, you aren’t subject to this limit. So you don’t have to worry about the quantity you have on you, but it’s important you have a valid prescription.
If you are a recreational user with more than eight grams of concentrated cannabis on you, that qualifies as a misdemeanor. The law states you can get a $500 fine and six months of jail time.
However, the offense could be upgraded to a felony on these grounds:
You had at least two prior misdemeanors for a similar crime.
The buyer for the cannabis you wanted to sell is less than 18 years old.
You have a prior conviction for a sex crime, violent, or another serious felony.
Is Drug Possession a Felony in California?
Drug possession could be an infraction, misdemeanor, or felony.
The charge you’ll be facing depends on many factors, including:
Substance type. If you were caught with a Schedule 1 drug, it increases the odds of receiving a felony charge.
Drug quantity. The acceptable limits vary on the substance. But it’s not only about going above the lawful limit but how far you go. Possession of a controlled substance in a large quantity has more chances of ending up as a felony than owning only a small amount of the drug.
An intention to sell the drugs. The lawmakers could see that as a danger to the community. Depending on the amount, you could face drug trafficking charges[16].
Other circumstances. If you were resisting an arrest or committed a violent crime[17], it could worsen your situation.
How Long Do You Go to Jail for Drug Possession?
If you face a misdemeanor, the maximum punishment is 12 months in jail. For possession of marijuana, the offense is punishable by up to six months of jail time. Juvenile drug possession California charges could only be for an infraction. Defendants under 18 will probably face a $100 fine, community service, and drug counseling.
It’s only if you committed a felony that you can get a bigger jail punishment than 12 months. Prior convictions[18] could make your next charge a felony. Alternatively, an intent to sell the drug leads to higher sentences. Finally, transporting a controlled substance is a felony. You could face up to five years in a state prison only for that offense.
What Is Proposition 47?
The voters passed the Proposition 47 referendum in 2014. Some call it the Safe Neighborhoods and Schools Act, and its main idea was to re-qualify some non-violent criminal acts. From then, crimes that don’t involve violence aren’t a felony but a misdemeanor[19].
Since possession of a controlled substance is a non-violent crime, the Health and Safety Code considers it a misdemeanor. That means you can’t get more than a year in county jail. However, the misdemeanor benefits don’t apply if you had prior offenses similar to your latest one. If you are registered as a sex offender, you could end up with felony charges instead of a misdemeanor. It helps to have an experienced criminal defense lawyer in your corner if that happens. Don’t hesitate to contact our office and schedule an appointment to discuss your case.
Ban on Synthetic Cannabinoids
Near the end of 2016, the legislature passed[20] a law banning the possession and sale of all synthetic cannabinoids (such as the popular drug “Spice”).
Penalties for possession for personal use are:
First Offense: An infraction for the first offense ($250 fine)
Second Offense: An infraction or misdemeanor for the second offense ($500 and/or six months in jail)
Subsequent Offenses: A misdemeanor for subsequent offenses ($1,000 and/or 6 months in jail)
Additionally, the court has the authority to divert some defendants to a drug treatment program[21] in lieu of criminal charges. The sale or distribution of synthetic cannabinoids is classified as a misdemeanor subject to $1,000 fines and/or six months in jail.
Enhanced Penalties for Possession of Date-Rape Drugs
California also added a law[22]that raised the level of the crime for possession of drugs commonly associated with date-rape cases (e.g., ketamine, GHB, and Rohypnol) from a misdemeanor to a felony. There must be evidence of an intent to commit sexual assault to elevate the offense, and the new sentencing guidelines impose jail time for 16 months or two to three years.
How to Get Drug Possession Charges Dropped?
The defense will depend on your specific case. Your lawyer will assess the Health and Safety Code 11350(a) HS [23], which makes it illegal to possess a controlled substance in California. After gathering the details, they could go with these defense options:
The drug wasn’t yours. If it’s an option to claim the drug was someone else’s, this could be your defense.
You didn’t have control over it. It’s a frequent defense in cases of constructive and joint possession.
You had a valid prescription. If it’s not possible to prove you didn’t have a prescription, you could get the charges dropped on these grounds.
The drug search and seizure was illegal. If the police didn’t follow relevant procedures[24], the case would be dropped.
You didn’t know the drug was there. This approach might help to lower your sentence, but it rarely gets the charges dropped.
It’s vital to identify your best options against drug felony charges. That’s why you need an experienced lawyer with drug crime expertise. Our defense attorneys will listen to you carefully and analyze all details before building a case. That will ensure you have the best defense and odds of getting a positive outcome from the process.
Feel free to get in touch and schedule an appointment with our professional defense lawyers!
Preuss, C. V., Kalava, A., & King, K. C. (2023, April 29). Prescription of controlled substances: benefits and risks. StatPearls – NCBI Bookshelf. https://www.ncbi.nlm.nih.gov/books/NBK537318/
Brandishing a weapon is a significant legal issue for attorneys representing clients in various jurisdictions, including California. Penal Code Section 417 (PC 417) outlines the parameters and consequences associated with this offense. This overview aims to provide a comprehensive understanding of the legal implications surrounding brandishing a weapon, enhancing the knowledge of practicing attorneys in this area of law.
What Does “Brandishing a Weapon” Mean?
As an example of a legal definition of the term brandish, it should be noted that brandishing is the exhibition or display of a weapon, such as a handgun or another form of deadly weapon, in a way that threatens or intimidates someone. This is the definition of brandish as it should exist under PC 417 [1], and it therefore occurs in a “rude, angry or threatening manner” and is observable to another person.
A distinction must be drawn between carrying or displaying a weapon and its brandishing, which would be beyond the pale for lawyers. Carrying the weapon may, in appropriate circumstances, be lawful especially where carried with the permit to carry it as a concealed weapon, but brandishing a weapon involves an intent to frighten or intimidate others. This can be useful to separate the ability to determine whether an individual’s conduct is within the meaning of the crime of brandishing.
Legal Consequences and Penalties of PC 417 Brandishing a Weapon in California
Violations of PC 417 carry severe legal consequences. Penalties for brandishing a weapon vary depending on the weapon brandished, as well as the circumstances under which the act takes place.
Misdemeanor vs. Felony Offenses
Misdemeanor Penalties: Typically, illegal possession of a weapon [2] is a misdemeanor. Some possible penalties include up to six months in county jail, in addition to fines up to $1,000. Of course, the weapon being a firearm may make the penalties more severe.
Felony Charges: If the individual brandishes a firearm in the presence of an officer or near a school, for example, the charges would become felonies. For PC 417, a felony conviction [3] will mean serving lengthy periods in state prison, one to three years. The existing sentences are enhanced with more prior convictions [4] or when the action inflicted great bodily injury.
Determinants in Plea and Charge Penalties
The context surrounding brandishing a weapon will determine the severity of the penalty. For instance, people committing crimes in public, or where the victims just so happen to be children, can get more severe sentences. The criminal defense lawyer must consider all these contextual factors when they advise the client on the charge related to brandishing.
Deadly Weapons: Any object is a deadly weapon if it could when used with an intent to cause injury or death, result in the latter. Such weapons include knives, bats, and even household implements when used aggressively.
Firearms: A firearm is a weapon that expels projectiles by explosive force. Firearms are held up to higher standards in California law because they are dangerous weapons capable of inflicting grievous injury or death.
Legal practitioners have to tread very carefully in these definitions when handling cases involving allegations of brandishing a weapon as it has affected the nature of charges filed as well as the potential defenses available.
Assault with a Deadly Weapon vs. Brandishing
The difference between assault with a deadly weapon and brandishing is some grounds for criminal defense:
Assault with a Deadly Weapon: This crime entails proof that a person had an intention to cause or inflict a threat of causing harm with a deadly weapon. Also, it entails making an actual threat, which is an attempt or actual infliction of injury on another person.
Brandishing: In this case, brandishing does not require a criminal intent to inflict harm but is instead addressed towards an exhibition or demonstration of displaying the weapon menacingly. A defendant may be convicted of brandishing a weapon regardless of their criminal intent to utilize the weapon against another person.
This is an important difference in the eyes of defense attorneys when attempting to represent their clients accused of either of the crimes.
Crimes Related to the Brandishing of a Weapon
Certain offenses are closely related to brandishing a weapon, and legal professionals should be aware of these for comprehensive case preparation:
Criminal Threats: If explicit threats accompany the act of brandishing, additional charges with severe sentencing may apply.
Unlawful Use of a Deadly Weapon: This charge arises when a weapon is displayed or used without legal justification.
Assault Charges: If brandishing a weapon occurs during an altercation with intent to threaten or harm, assault charges [6] may also be filed.
Understanding these related offenses enhances an attorney’s ability to develop well-rounded defense strategies for clients facing multiple charges linked to brandishing.
Legal Defenses to Brandishing a Firearm
The following are some of the available defenses for the person charged under PC 417 for brandishing a weapon:
Self-Defense or Defense of Another Person: If he fairly believed that he was likely to suffer imminent serious bodily harm or imminent death, the person will be able to argue that their actions were justified under the precept of self-defenseor defense of another. This defense must be proven as establishing the reality and imminence of the threat involved.
Lack of Intent: Evidence that it was not in fact an act meant to terrorize can sometimes be crucial. Thus, for example, a person who threatened or waved a weapon during an argument might assert this as a reasonable defense for the crime of waving a weapon.
Mistaken Belief: When the accused acted within his perception of what he thought was sanctioned under the law but was mistaken as to the facts surrounding the incident—this may significantly lower liability.
A professional criminal defense lawyer has a great role to play in the argumentation of such defenses, critically analyzing evidence and establishing reasonable doubt about the claims of the prosecution. Their technical expertise is critical in navigating very intricate legal settings that accompany accusations of brandishing.
Since complexity is thus mandated among lawyers on account of the critical aspects of the brandishing of a weapon provision under California law, the case can range from a misdemeanor with a minor jail term to a serious felony, in light of other important considerations such as circumstances and previous convictions. Notions of understanding the involved codes and how defenses might be applied amid all this enable attorneys to better represent their clients in more complex brandishing allegations cases.
For those seeking professional guidance on brandishing or related legal matters under California law, it is essential to consult a highly qualified attorney. Our lawyers at Manshoory Law are eager to help with your difficult situation. Get more information or seek professional advice about charges for brandishing as well as other related cases by contacting our office for professional guidance specific to your case.
Employee theft is when a member of staff steals, uses, or misuses company property without the express permission of their employer. Besides cash, employee theft can cover the stealing or misusing of supplies, products, personal data, or time. Employee theft applies to misuse of time if you are accused of altering timekeeping records to receive pay for hours you did not work.
What Is Employee Theft? Is Employee Theft a Fraud?
Employee theft is a crime where the employee commits an offense by stealing property, money, or resources from their employer. This can involve stealing cash, inventory, supplies, or even time by falsifying work hours or productivity. Misappropriation may include breaches of confidential information or any form of intellectual property. Employee theft is viewed as a serious offense and hence grounds for job termination, criminal charges, and financial losses to the business.
Some forms of employee theft are considered fraud. These include embezzlement, billing payroll and expense schemes, time theft, and supplying proprietary information to competitors.
What is the Punishment for Employee Theft?
If you are convicted of employee theft charges, at a minimum you will be expected to pay back the value of what you were accused of stealing at work. There will also be further penalties depending on the value of the stolen assets.
If the theft is valued at $1000 or less then the crime will usually be classed as petty theft. This is a misdemeanor crimepunished with a small fine and jail time of up to a year. Larger sums are classed as grand theft, which is a felony that comes with more prison time and a larger fine. Serious grand theft felonies can result in a sentence of 20 years or more, but this would be very unusual for an employee theft case.
What Does Accused of Stealing Time at Work Mean?
Being accused of stealing time at work means an employer believes you have been paid for hours you didn’t actually work. This could involve clocking in early, leaving late, taking extended breaks, or falsifying work hours. Time theft is considered a serious offense, as it impacts company productivity and finances. If accused of stealing time at work, it’s important to review your time records and understand the company’s policies. In some cases, it may lead to disciplinary action, termination, or legal consequences.
In California, stealing time at work—often referred to as “time theft” [1]—can lead to various consequences depending on the severity of the offense and the employer’s policies. Some common punishments include:
Disciplinary Actions: Verbal or written warnings are common initial steps.
Termination: Employers may fire the employee for violating company policies.
Wage Deductions: Employers might adjust or withhold pay for unworked hours.
Legal Consequences: In severe cases involving fraud, employees could face civil lawsuits or even criminal charges for theft or fraud.
Employees accused of time theft should review their rights under California’s labor laws[2], as wage deductions and penalties must comply with state regulations.
Consulting with a skilled attorney can help you understand your rights and how to handle the accusation properly.
The Impact of False Accusations in the Workplace
Being falsely accused of stealing at work can create a lot of tension in your workplace. You can face a lot of stress[3]from the threat of losing your job or your reputation, as well as the possibility of police involvement. Furthermore, your every move will be scrutinized, which is why it is vital to get expert advice from acriminal defense lawyer as soon as you are accused.
How to Respond to False Accusations at Work?
Firstly, stay calm. Being falsely accused of stealing at work can be very stressful, but any angry or erratic behavior is not going to help your case. Everything you do at work could be brought up later, so try to carry on as normal.
Secondly, cooperate with the investigation. The investigation will continue whether you are present or not, so it is better to have the chance to give your side of the story.
At the same time, you should also seek legal advice. This will help you understand your rights during the investigation, what to expect from the process, and how best to defend yourself in your particular situation. Defending against false accusations at work can be a complex process.
A theft crime attorney can help guide you through what to do if accused of stealing at work.
Can I Sue My Employer for False Accusations?
If an employer makes a false accusation of theft, this could damage your reputation, and you can sue them for defamation of character. There are a few basic requirements for defamation of character suit[4].
Your employer must have made a false statement about you, and they must have published that statement. In other words, a third party who was not you or your employer must have seen or heard the false statement.
You must be able to prove your employer made an untrue statement of fact, rather than expressing an opinion, and that they did so knowing their statement was untrue. For example, if an employer said they don’t think you care about your job, they could defend this as a statement of opinion. If they said you are incapable of performing your job, they would need to be able to prove that you are truly unable to do your job, or they have knowingly made a false accusation at work.
The false accusation of theft your employer made must have caused injury to you, for example, the damage to your reputation made it difficult to get a new job.
Finally, the statement your employer made must not be privileged. Privileged statements such as trial and deposition testimony are protected from defamation of character suits. In some states, statements made in references between employers are considered protected statements as long as it was not made with malice.
Should You Sue A Company For Defamation of Employment Law?
If the requirements for a defamation suit are all true, you should consider suing for defamation. Doing so will not only help you recover from the financial impact of the accusation but also clear your name of wrongdoing and enable you to move on.
How to Handle False Accusations At Work
If you have been falsely accused of employee theft, stay calm, cooperate, and get expert legal advice to help you defend against false accusations[5]. False accusations can impact your career for years and clearing your name is important when you have a case for defamation of character.
The term assault weapon was coined to define a class of weapons designed for rapid-fire capabilities and with features enhancing their lethality. Examples are semiautomatic rifles and shotguns that can accept detachable magazines, pistol grips, folding stocks, and flash suppressors.
According to the U.S. Department of Justice[1], the classification of an assault weapon varies by jurisdiction, meaning that owning or using such weapons may have serious legal implications. The term “assault weapon” often carries emotional weight in discussions surrounding gun control, public safety, and mass shootings.
A Brief History of Assault Weapons Legislation
Legislation concerning assault weapons in the United States of America has dramatically changed over the past two decades. President Bill Clinton enacted the Federal Assault Weapons Ban in 1994 [2], outlawing the manufacture and sale of specific semiautomatic rifles and large-capacity ammunition magazines.
This ban was allowed to lapse in 2004, so the same arms began flourishing in the country again. California has been leading the charge in assault weapon regulation, as this state was the very first to enact an assault weapons law in 1989 straight in response to renewed concerns over gun violence and mass shootings.
Early legislation set the precedent for other states by establishing the California precedent of being committed to regulating gun violence through rules [3]. It could continue to evolve on assault weapon laws and become a pioneer in firearm regulations. The trend of more frequent mass casualty events has urged the rest of the nation to tighten control over guns, which is a very timely advance on California’s part.
California Law on Assault Weapons
Under California law, an assault weapon is defined by certain models [4] as well as general characteristics that distinguish it from other firearms. The California Assault Weapons Control Act classifies firearms into three principal groups [5], namely:
Category One: Specific Models Listed by Name – For Instance, the Familiar-Looking Firearms Like AK-47 and Colt AR-15.
Category Two: Variants of banned models that have slight differences but still share similar features.
Category Three: Firearms with military-style features such as detachable magazines, pistol grips, and flash suppressors.
Another way is through California’s restriction on the sale of large-capacity magazines that hold more than ten rounds. This is to limit access to dangerous guns. This legislation is based on public safety because of possible use in a mass shooting or other violent act.
The California Assault Weapons Ban Explained
The California Assault Weapons Ban was enacted in 1989 [6]. However, it has been modified several times since its enactment and reduces gun violence by prohibiting access to firearms that are classified as assault weapons. The major provisions include:
Comprehensive list of prohibited firearm models.
Prohibition of features that characterize a firearm as an assault weapon.
Registration of existing assault weapons.
Recent updates have made laws relating to the modification that may make previously legal firearms become definition assault firearms tighter. Research works reveal that although the California law has not eradicated gun violence, it may have played a role in having fewer incidences of mass shootings than other states without similar laws. For example, research proves that states with stringent gun-control measures often have fewer cases of catastrophic events.
In addition to this, California’s system has been criticized through several judicial means, making it a topic of controversy regarding whether it is effective and constitutional. The policy still faces criticism through the crime rate analyses by various researchers and policymakers.
Assault Weapon Ban: Compliance and Legal Challenges
California Assault Weapons Ban mandates that the owners of rifles who possess California-assigned assault weapons register those weapons with the California Department of Justice during the prescribed times. Failure to comply with this procedure gives rise to punitive actions, which may extend to firearm confiscation.
Legal hurdles over the ban have been high and relentless. Through various court decisions, the constitutionality of California’s bans has been established, yet numerous federal judges, based on their reading of the Second Amendment, have arrived at a verdict that these bans are unconstitutional. A recent landmark ruling by the Ninth Circuit Court of Appeals [7]reinstated California’s assault weapons ban and underlined the importance of such a ban for ensuring public safety.
One of the basic tensions that appears in current court battles is between gun rights enthusiasts and stricter gun control advocates. While courts continue to appraise the constitutionality of such laws, future decisions would heavily weigh on the regulation of firearms by states in America. Most importantly, the assault weapons ban cases pending before the Supreme Court are especially significant because they may set precedents affecting not only California but the general policies regarding regulation by the rest of the country as well.
The California Assault Weapons Ban is, on its own, one of the most important pieces in the overall strategy of California dealing with gun violence and escalating public safety. Its existence is a testament to the decision to regulate firearms perceived as particularly dangerous, and hence, it continues to receive constant legal scrutiny. Those people in need of guidance on compliance with this legislation or, on the other hand, those who face legal challenges on assault weapons are advised to consult the services of competent defense attorneys practicing firearm law.
Individuals seeking legal advice or guidance regarding compliance with the California Assault Weapons Ban or other related matters may wish to consult experienced attorneys who are knowledgeable regarding the federal and state laws dealing with firearms in California. Our attorneys at Manshoory Law can shed light on this area of law and provide the defense you need for your case.
Resources:
Koper, C. S., Woods, D. J., & Roth, J. A. (2004). An Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, 1994-2003. Report for the National Institute of Justice, United States Department of Justice. NCJ 204431. https://www.ojp.gov/pdffiles1/nij/grants/204431.pdf.
Assault weapon characteristics. (2024, July 22). State of California – Department of Justice – Office of the Attorney General. https://oag.ca.gov/firearms/regs/genchar2
Assault Weapons Laws (California and federal law). (2022, September 21). State of California – Department of Justice – Office of the Attorney General. https://oag.ca.gov/ogvp/fed-assault-weapons-ban
False accusations can have devastating consequences, both for the accused and the accuser. Innocent people can find themselves facing criminal charges, a tarnished reputation, and even time behind bars, all based on a false claim. On the other hand, those who deliberately make false accusations may face severe penalties, including criminal charges and civil lawsuits.
But can you go to jail for false accusations? In this article, we’ll explore what constitutes a false accusation, why individuals are sometimes wrongfully accused, and the legal consequences of making false allegations.
What is a False Accusation and Why People Get Falsely Accused?
False allegations are claims of wrongdoing that are factually unsupported or untrue. These are also known as false reports or false claims.
Before we discuss the penalty for making false accusations, it is essential to look at why people are falsely accused, as only some of these come with a criminal charge. Below are a few reasons why people are sometimes wrongly accused:
Misrecollection – Where an accuser incorrectly recalls the details of a crime
Mistaken identity – Where an accuser mistakenly identifies the incorrect person as having committed a crime.
Misleading forensic evidence – Where experts exaggerate statistical claims, for instance, DNA or hair analysis or forensic evidence [1] is tampered with, compromised, or misread.
Malicious false accusations – Where an accuser intentionally provides police officers with an incorrect statement about an individual committing an offense
Official misconduct – When law enforcement officials or prosecutors commit an act of misconduct or abuse of power when charging an individual for a crime or by asking leading questions that coerce a detainee into having false recollections of an event.
Giving a False Report to a Police Officer
A person can be charged with a crime for intentionally giving the police false information [2] in connection with a traffic stop while the officer is performing his/her duties. Possible violations include any of the following:
providing a false answer
presenting false insurance documents
offering a false vehicle registration
or giving the officer a borrowed or fake driver’s license
A conviction for giving false information would be a misdemeanor with up to six months in jail, a $1,000 fine, or both. However, if the false information was offered in an effort to evade arrest, additional felony charges could be possible [3] .
What to Do If You Are Falsely Accused of a Crime?
If you are falsely accused of a crime, you will most likely have criminal charges brought against you. In this case, there are several things to do and ways to handle the situation:
Realize the severity of the situation – Gain an understanding of the severity of the allegations and take the charges seriously.
Hire an experienced criminal defense attorney – Do not attempt to remedy the situation alone. Instead, remain silent and hire the best criminal defense attorney [4] to guide you through the process, give you legal advice, and protect your rights.
Conduct a pre-file investigation – Before charges are filed, your attorney will gather evidence favorable to the accused and investigate the allegations further. Doing this is an effective strategy to convince the District Attorney (DA) to drop any charges should the investigation bring to light the charges brought are false.
Undermine the accuser’s credibility – By impeaching an accuser, your criminal defense attorney will ask the witness questions that undermine their reputation for truthfulness, casting doubt about whether what they claim they witnessed is, in fact, true.
File a civil suit or malicious prosecution claim – Here, the falsely accused brings a civil lawsuit against the individual who wrongfully accused them and seeks compensation for damages.
Private Polygraph – Taking a private polygraph to prove your innocence is another way to boost your defense and sway prosecutors into dropping the charges and prevent you from getting a criminal record.
What Are the Penalties for Making False Accusations?
So, what is the punishment for a false accusation, and is making false accusations a crime? Yes. In California, making false accusations is a crime and can lead to serious legal consequences. Under Penal Code Section 148.5[5] , it is a misdemeanor to falsely report a crime to law enforcement.
And if you’re wondering whether you can go to jail for making false accusations, the answer is yes. If convicted, penalties for false accusations could result in fines of up to $1,000, up to six months in county jail, or both.
Additionally, individuals may face civil lawsuits for defamation or malicious prosecution if the false accusations harm another person’s reputation or lead to wrongful legal actions.
Can You Press Charges Against Someone for Making False Accusations?
Can false accusations get you arrested? Yes. Further, you can press charges against an individual who wrongfully accused you[6] by bringing a civil lawsuit against them. However, you must show that the defendant filed a frivolous claim against you, that they caused damages due to their false claim, and that they filed their lawsuit for another purpose, like harassment.
Hire a Criminal Defense Lawyer in California to Defend Yourself Against False Accusations
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