California Penal Code §148.4 — False Fire Alarm
PC §148.4 punishes willfully and maliciously (1) tampering with or breaking any fire-protection equipment (alarm boxes, sprinklers, extinguishers, hydrants, apparatus) or (2) giving, or aiding in giving, a false fire alarm. Basic §148.4(a) is a misdemeanor punishable by up to 1 year in county jail. §148.4(b) — false alarm causing GBI or death — is a wobbler punishable as a misdemeanor or as a felony punishable by 16 months, 2, or 3 years in state prison.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · False Fire Alarm Cases in All LA County Courts
01 — Quick Facts
PC §148.4 — False Fire Alarm at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §148.4 — False Fire Alarm and Fire-Equipment Tampering |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor (a); Wobbler (b) |
| Penalty (a) | Up to 1 year county jail + $1,000 fine |
| Penalty (b) — misdemeanor | Up to 1 year county jail |
| Penalty (b) — felony | 16 months, 2, or 3 years state prison |
| Moral Turpitude | Yes — categorical CIMT |
| Strike | No |
| Probation | Available on both tiers |
| Restitution | Mandatory — full fire-response cost + damages |
| Diversion | PC §1001.95 available on (a) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §148.4?
What Is California Penal Code §148.4?
PC §148.4 Reads:
"(a) Every person who does any of the following is guilty of a misdemeanor: (1) Willfully and maliciously tampers with, molests, injures, or breaks any public fire alarm apparatus, wire, or signal, or any fire-protection or firefighting equipment. (2) Willfully and maliciously sends, gives, transmits, or sounds any false alarm of fire, by means of any public fire alarm system or signal, or by any other means or methods. (b) Any person who violates subdivision (a), which results in great bodily injury or death of another person, is guilty of a public offense punishable by imprisonment in a county jail not exceeding one year, or in the state prison for 16 months, or two or three years."
— California Penal Code §148.4(a)–(b)
PC §148.4 protects fire-protection infrastructure and fire-response resources from false alarms and equipment tampering. It reaches (1) willful malicious damage to any public fire-protection equipment — alarm boxes, sprinklers, hydrants, extinguishers, engines, apparatus; and (2) willful malicious false fire alarms transmitted through any fire-alarm system or 'by any other means or methods' (including 9-1-1, cellular fire reports, and workplace pull-station activation).
§148.4 vs §148.3
§148.4 is fire-specific; §148.3 is a general false-emergency statute. A false report specifically to a fire department, or activation of a fire alarm pull station, is properly §148.4 conduct. A false report of a person needing rescue that is not fire-specific is §148.3. Prosecutors sometimes charge both; Rubin Law drives consolidation to the lower-exposure statute.
§148.4(a) — Basic
Misdemeanor — up to 1 year jail + $1,000. Applies without injury.
§148.4(b) — GBI / Death
Wobbler — up to 1 year jail OR 16 mo/2/3 yrs prison. Requires GBI / death caused by the false alarm or equipment tampering.
Why §148.4 Matters
§148.4 filings frequently arise in school, workplace, and dormitory contexts — juvenile pull-station activations, workplace-dispute false alarms, and hazing incidents. Restitution routinely reaches $10,000–$50,000 covering fire-department response, evacuation costs, and consequential business losses. §148.4(b) also creates aggravated exposure when firefighters are injured en route or during the response.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §148.4
To convict under PC §148.4, the prosecution must prove each element beyond a reasonable doubt.
Willfulness
The defendant must have acted willfully — on purpose. Accidental activation is not §148.4.
Maliciousness
The defendant must have acted maliciously — with intent to annoy, injure, or interfere.
Prohibited Act
The defendant must have (1) tampered with fire-protection equipment or (2) transmitted a false fire alarm.
Falsity (subd. (a)(2))
For false-alarm charges, the alarm must have been false — no fire existed and the defendant knew it.
GBI Causation (subd. (b) only)
For the felony tier, GBI or death must have been caused by the false alarm or tampering.
04 — Penalties
Penalties for PC §148.4 False Fire Alarm in California
PC §148.4 penalties are as follows.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Equipment Tampering / False Alarm | PC §148.4(a) | Up to 1 year county jail + $1,000 fine | Available | No |
| §148.4 → GBI / Death | PC §148.4(b) | Up to 1 year jail OR 16 mo/2/3 yrs prison | Available | No |
| Restitution | PC §1202.4 | Full fire-response cost + damages | Mandatory | N/A |
| Civil Penalty | H&S §13113 / §13001 | Additional civil recovery for false alarm and evacuation costs | N/A | N/A |
Related Charges Frequently Filed with §148.4
PC §148.3
PC §148.3
Companion statute — general false emergency report. Often charged in the alternative.
PC §594
PC §594
Vandalism — charged in parallel for damaged fire equipment (extinguishers, alarms).
PC §451
PC §451
Arson — charged where the false alarm was accompanied by an actual fire-setting.
PC §182
PC §182
Conspiracy — charged in group / hazing / dorm activations.
Beyond the Sentence
- Full restitution for fire-department response — engine dispatch, ladder response, personnel time
- Restitution for business interruption, evacuation costs, and consequential losses
- CIMT immigration exposure — deportable / inadmissible
- Juvenile / school discipline — expulsion, permanent record
- Employment consequences — food-service, healthcare, education positions
- Civil parallel liability under H&S §13001 (false-alarm recovery)
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §148.4 False Fire Alarm Charges
Rubin Law, P.C. attacks the elements of PC §148.4 and drives diversion and civil-compromise resolutions where possible.
No Malicious Intent
§148.4 requires malicious intent. Accidental activation, good-faith belief in fire, and pranks without knowledge of the equipment's fire-protection status do not satisfy malice.
PC §148.4 malice
No Willfulness
Accidental pull-station activation, sensor triggers by steam / smoke, and third-party contact do not satisfy willfulness. Rubin Law obtains fire-department incident reports and sensor logs to establish accidental triggers.
PC §7 willfulness
Not Fire-Protection Equipment
Not every red device is fire-protection equipment within §148.4. Rubin Law challenges classification through fire-code expert testimony.
H&S §13100
Civil Compromise (§1377)
For misdemeanor §148.4(a) filings involving private-property fire alarms and non-injury incidents, Rubin Law negotiates PC §1377 civil compromise — full restitution to the fire department and property owner in exchange for dismissal.
PC §1377
Diversion (§1001.95 / §1001.36)
PC §1001.95 misdemeanor diversion available on §148.4(a). PC §1001.36 mental-health diversion available on both tiers where a qualifying diagnosis contributed.
Juvenile Resolution
For juvenile defendants (frequent in school / dormitory pull-station cases), Rubin Law negotiates WIC §654 informal probation and WIC §790 deferred entry of judgment.
WIC §654 / §790
§17(b) Reduction
For felony §148.4(b) filings resolved by probation, Rubin Law obtains §17(b) reduction to misdemeanor after successful probation completion.
Constitutional Sources
07 — Court Process
How PC §148.4 False Fire Alarm Cases Move Through Los Angeles Courts
§148.4 cases proceed through the following stages.
- 1
Step 1 — Investigation
Fire-department incident report, alarm-panel logs, pull-station video, dispatch audio, and 9-1-1 recording. Building-security footage on premises-based activations.
- 2
Step 2 — Filing / Arraignment
Filed as a misdemeanor in the courthouse serving the location of the false alarm.
- 3
Step 3 — Preliminary Hearing (felony tier only)
For §148.4(b) filings, prima-facie showing on GBI causation.
- 4
Step 4 — Discovery
Alarm-panel logs (fire-alarm control-panel history), pull-station forensics, dispatch recordings, response-cost invoices from the fire department.
- 5
Step 5 — Pretrial Motions
PC §1377 civil-compromise motions, PC §1001.95 diversion motions, PC §1001.36 mental-health diversion, and PC §17(b) reduction motions.
- 6
Step 6 — Trial
CALCRIM 2905. Typically 1–3 court days for misdemeanors.
- 7
Step 7 — Sentencing / Restitution
Restitution hearings frequently exceed the criminal penalty. Rubin Law challenges response-cost claims and negotiates payment plans.
Los Angeles Courts That Handle PC §148.4 False Fire Alarm Cases
§148.4 filings occur in the courthouse serving the location of the false alarm.
Clara Shortridge Foltz Criminal Justice Center
Central LA — DTLA / high-rise cases.
Van Nuys Courthouse East
San Fernando Valley school / dormitory cases.
Airport Courthouse
West LA / LAX-area cases.
Long Beach Courthouse
South Bay / port-area cases.
Pomona Courthouse South
East LA County school / university cases.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles False Fire Alarm Defense Attorney
Daniel S. Rubin has defended clients charged with false fire alarm and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §148.4 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | False Fire Alarm Cases Throughout LA County
09 — FAQs
PC §148.4 False Fire Alarm Questions — Los Angeles
Is pulling a fire alarm as a prank §148.4?
Yes. Willful malicious pull-station activation without a fire condition is §148.4(a) — a misdemeanor punishable by up to 1 year jail and a $1,000 fine, plus restitution for the fire response.
What if the false alarm caused injury?
§148.4(b) applies where the false alarm or equipment tampering caused GBI or death. It is a wobbler — up to 1 year jail as a misdemeanor OR 16 months, 2, or 3 years state prison as a felony.
How much restitution will I owe?
Fire-response restitution typically ranges from $2,000 (single-engine response) to $50,000+ (multi-alarm response with evacuation, hazmat, or business interruption). Rubin Law challenges response-cost claims for reasonableness and necessity.
Can §148.4 be civilly compromised?
Yes for §148.4(a) misdemeanor filings involving private-property alarms and non-injury incidents. PC §1377 civil compromise — full restitution in exchange for dismissal — is often available.
Can juveniles get diversion for §148.4?
Yes. Juvenile §148.4 filings routinely resolve via WIC §654 informal probation, WIC §725 deferred entry, or WIC §790 diversion — leading to sealed records at 18.
Is §148.4 deportable?
Yes. §148.4 is a CIMT — deportable and inadmissible under 8 USC §1227(a)(2)(A). It is not an aggravated felony.
What if a smoke sensor triggered accidentally?
That is not §148.4. §148.4 requires willful malicious conduct. Accidental sensor triggers, cooking smoke, and steam-based false readings are not §148.4 offenses.
Available 24/7 — Free Consultation
Charged with a False Fire Alarm Under PC §148.4?
§148.4 carries mandatory restitution routinely exceeding $10,000, plus a CIMT record. Rubin Law, P.C. drives civil compromise, diversion, and dismissal on accidental / good-faith triggers.