Providing False Information to Law Enforcement
Florida Statute §837.055 states that a person can be charged with Providing False Information to Law Enforcement when they willfully and knowingly provide false information and fact to law enforcement officers who are investigating missing person cases or felony crime investigations with an intention to impede the investigation or mislead law enforcement officers.
Unlike perjury charges, people may be booked under this charge even if they aren't under oath. It punishes people who provide false data and information to law enforcement officers.
In addition, an individual may be accused and charged with Resisting an Officer without Violence and Providing False Information to Law Enforcement simultaneously for providing false data.
This offense is a misdemeanor of the First Degree in the state of Florida. However, in case the false statement is related to missing children under the age of 16 who suffers death or grievous bodily harm, it will be treated as a Felony of the Third Degree.
When False Information is provided to a Law Enforcement Officer in Criminal Investigations. In this case, the crime is treated as a misdemeanor of the First Degree in the state of Florida. The court may impose any of these following penalties in any combination:
Fine not exceeding $1000
Probation period not exceeding 1 year
Imprisonment period not exceeding 1 year
When False Information is provided to a Law Enforcement Officer in Felony Criminal Investigations
If false data is provided to a law enforcement officer investigating the case of a missing child who is under the age of 16 and suffers death, permanent disfigurement, permanent disability, or grievous bodily harm is a Felony of the Third Degree in the state of Florida. . The court may impose any of these following penalties in any combination:
Fine not exceeding $5000
Probation period not exceeding 5 years
Imprisonment sentence not exceeding 5 years
Applicable Special Defenses
Double Jeopardy Protection
As Perjury, Resisting Officers Without Violence, and Providing False Information to A Law Enforcement Officer serve to punish the very same crime may be convicted only under a single charge due to the principle of Double Jeopardy. This is applicable even if they had originally been booked with all 3 charges.
Unit of Prosecution
Since Information can be defined to mean one or many more statement, an individual can be convicted only for one instance of this offence from each interview. It does not change, regardless of the number of false statements made by the individual during a single interview. If the individual repeats the same falsehood multiple times in different interviews, each interview can be prosecuted as a separate instance.
Contact Criminal Defense Lawyer Larry Avallone
If you've been charged or arrested in the Daytona Beach area, contact Larry Avallone, who is an expert Criminal Defense Lawyer in Volusia County. My initial consultation is free. I am ready to provide legal advice regarding the next steps of your case.