California Penal Code §148.5 — False Police Report
PC §148.5 makes it a misdemeanor to knowingly make a false report of a crime to any peace officer, district attorney, or other law enforcement employee. Convictions carry up to 6 months in county jail and a $1,000 fine, plus restitution for wasted investigative resources.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · False Police Report Cases in All LA County Courts
01 — Quick Facts
PC §148.5 — False Police Report at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §148.5 — False Report of Criminal Offense |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Jail Term | Up to 6 months county jail |
| Fine | Up to $1,000 |
| Strike | No |
| Probation | Available (up to 3 years summary) |
| Expungeable | Yes — PC §1203.4 |
| Immigration | Not a CIMT in most contexts; case-specific analysis required |
| Related Codes | PC §148.3 (false emergency), PC §148.9 (false ID), PC §182 (conspiracy) |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §148.5?
What Is California Penal Code §148.5?
PC §148.5 Reads:
"Every person who reports to any peace officer, district attorney, or deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor."
— California Penal Code §148.5(a)
California Penal Code §148.5 criminalizes the act of knowingly filing a false report of a crime with law enforcement. The statute applies to reports made to peace officers, district attorneys, deputy district attorneys, and other specified criminal justice employees. The key element is knowledge — the prosecution must prove that the defendant knew the report was false at the time it was made. Mistaken reports, good-faith allegations, and misunderstandings do not satisfy the §148.5 mens rea requirement.
Who Is Covered?
The statute applies to reports made to peace officers (police, sheriff, CHP), district attorneys, deputy district attorneys, and investigators employed by a district attorney. Reports made to private security, civilian 911 operators, or non-law-enforcement agencies are not covered by §148.5 (though they may trigger other statutes).
Why This Law Matters
False police reports waste critical investigative resources, divert officers from real emergencies, and can lead to wrongful arrests or prosecutions of innocent people. Los Angeles County prosecutors take §148.5 seriously — particularly where the false report triggered a substantial police response, SWAT deployment, or public-safety lockdown. At Rubin Law, P.C., we defend §148.5 charges by showing the report was made in good faith, was based on a reasonable misunderstanding, or was not knowingly false.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §148.5
To convict a defendant of making a false police report under PC §148.5, the prosecution must prove each of the following elements beyond a reasonable doubt.
You Made a Report to a Covered Law Enforcement Employee
The report must have been made to a peace officer, district attorney, deputy district attorney, or other specified criminal justice employee. Reports to private individuals, private security, or non-law-enforcement agencies do not satisfy this element.
The Report Alleged a Felony or Misdemeanor Had Been Committed
The report must have alleged that a specific crime — felony or misdemeanor — had occurred. General complaints, civil disputes, or reports of non-criminal conduct do not trigger §148.5.
You Knew the Report Was False When You Made It
This is the critical mens rea element. The prosecution must prove actual knowledge of falsity — not merely that the report was incorrect, exaggerated, or based on a misunderstanding. Good-faith belief in the truth of the report is a complete defense.
04 — Penalties
Penalties for PC §148.5 False Police Report in California
PC §148.5 is a straight misdemeanor with the following sentencing exposure.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Misdemeanor §148.5 | PC §148.5 | Up to 6 months county jail | Summary (up to 3 years) | No |
Additional Consequences Beyond Prison
- Restitution for wasted law-enforcement resources (investigator hours, SWAT response, helicopter deployment)
- Civil liability for damages caused by the false report (wrongful arrest, defamation, emotional distress)
- Professional license discipline for attorneys, medical professionals, and peace officers
- Immigration consequences if the report was part of a larger fraud scheme or involved immigration authorities
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §148.5 False Police Report Charges
Rubin Law, P.C. employs a multi-layered defense strategy on every §148.5 case — from pretrial motion practice to jury trial.
Good-Faith / Mistake of Fact
The most powerful §148.5 defense is showing the defendant genuinely believed the report was true. If the report was based on a reasonable interpretation of events, information from a credible witness, or a misunderstanding, knowledge of falsity is negated.
PC §148.5 mens rea
No Knowledge of Falsity
The prosecution must prove actual knowledge — not negligence, exaggeration, or embellishment. A report that turns out to be wrong is not §148.5 if the defendant honestly believed it was true at the time.
Knowledge element
Not a 'Report' to Covered Person
Informal complaints to 911 operators, private security, or civilian employees may fall outside §148.5's scope. We challenge jurisdiction and statutory coverage.
Statutory scope
First Amendment / Protected Speech
Where the report was opinion, political commentary, or protected petition activity, First Amendment defenses may apply. We litigate overbreadth and chilling-effect challenges.
Constitutional
Constitutional Sources
07 — Court Process
How PC §148.5 False Police Report Cases Move Through Los Angeles Courts
§148.5 cases proceed through the following stages.
- 1
Step 1 — Investigation
Law enforcement reviews the original report, compares it with witness statements and evidence, and determines whether the report was knowingly false.
- 2
Step 2 — Filing / Arraignment
Filed as a misdemeanor. Arraignment within 48 hours of arrest. O.R. or bail set.
- 3
Step 3 — Discovery
Original police report, 911 recordings, body-worn camera footage, witness statements, and communications (texts, emails, social media).
- 4
Step 4 — Pretrial Motions
PC §995 (insufficient evidence), PC §1538.5 (Fourth Amendment suppression if arrest was unlawful), and PC §1001.95 diversion motions.
- 5
Step 5 — Trial
CALCRIM 2650. Typically 1–2 court days. Jury must find knowledge of falsity beyond a reasonable doubt.
- 6
Step 6 — Sentencing
Summary probation, jail time, fines, and restitution. PC §1203.4 expungement available after successful probation.
Los Angeles Courts That Handle PC §148.5 False Police Report Cases
§148.5 filings occur in the courthouse serving the location where the false report was made or where the defendant resides.
Clara Shortridge Foltz Criminal Justice Center
Central LA — DTLA / high-profile false-report cases.
Van Nuys Courthouse East
San Fernando Valley false-report cases.
Airport Courthouse
West LA / LAX-area cases.
Long Beach Courthouse
South Bay false-report cases.
Pasadena Courthouse
Pasadena / San Gabriel Valley cases.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles False Police Report Defense Attorney
Daniel S. Rubin has defended clients charged with false police report 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 §148.5 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | False Police Report Cases Throughout LA County
09 — FAQs
PC §148.5 False Police Report Questions — Los Angeles
What is the penalty for filing a false police report in California?
PC §148.5 is a misdemeanor punishable by up to 6 months in county jail and/or a fine of up to $1,000. The court may also order restitution for wasted law-enforcement resources.
Can I be charged with §148.5 if I was mistaken?
No. §148.5 requires the prosecution to prove you KNEW the report was false. A genuine mistake, misunderstanding, or good-faith belief in the truth of the report is a complete defense.
Does §148.5 apply to 911 calls?
It depends. §148.5 applies to reports made to peace officers and district attorneys. False 911 calls may fall under PC §148.3 (false emergency report) rather than §148.5, depending on the recipient and nature of the call.
Can §148.5 be expunged?
Yes. Misdemeanor §148.5 is eligible for PC §1203.4 expungement after successful completion of probation. The conviction is set aside and the case dismissed.
What if the false report caused someone to be arrested?
The victim may sue for false arrest, defamation, and malicious prosecution. Criminal restitution may also be ordered. The defendant faces both criminal penalties and civil liability.
Is §148.5 a deportable offense?
§148.5 is generally not a crime involving moral turpitude (CIMT) unless the underlying conduct involves fraud or deceit in a particularly egregious manner. Case-specific immigration analysis is required.
Available 24/7 — Free Consultation
Charged with Filing a False Police Report Under PC §148.5?
§148.5 charges can ruin your reputation and cost thousands in restitution. Rubin Law, P.C. defends with good-faith and knowledge-of-falsity defenses. Call (213) 723-2337.