False Report Of A Crime

You are here: Home » Articles » Criminal Defense » False Report Of A Crime

If you report to law enforcement, such as a peace officer, police agency of Michigan or of a local unit of government, 9-1-1 operator or dispatch operator, or any other governmental employee or contractor or employee of a contractor who is authorized to receive reports, of a crime that a crime took place when you know that to be untrue, you can be charged with this offense.

The severity of the sentence depends on the crime you falsely reported.  If the crime you reported was a misdemeanor, you can be charged with a misdemeanor.  If you falsely reported a felony, you may be charged with a felony.

If the report is a false report of a misdemeanor, Misdemeanor false reporting carries a potential sentence of up to 93 days in jail and/or a fine of up to $500.

If the report is a false report of a felony, Felony false reporting carries a possible sentence of up to 4 years in prison and a fine of up to $2,000.

Have you been arrested or charged with the False Report of a Crime?   We know the law and can help you understand your rights and develop defenses to charges levied against you. T o retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

What does the law state, 750.411a False report of crime; violation; penalty

(1) Except as provided in subsection (2), a person who intentionally makes a false report of the commission of a crime, or intentionally causes a false report of the commission of a crime to be made, to a peace officer, police agency of this state or of a local unit of government, 9-1-1 operator, or any other governmental employee or contractor or employee of a contractor who is authorized to receive reports of a crime, knowing the report is false, is guilty of a crime as follows:

(a) If the report is a false report of a misdemeanor, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(b) If the report is a false report of a felony, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(2) A person shall not do either of the following:

(a) Knowingly make a false report of a violation or attempted violation of chapter XXXIII or section 327, 328, 397a, or 436 and communicate or cause the communication of the false report to any other person, knowing the report to be false.

(b) Threaten to violate chapter XXXIII or section 327, 328, 397a, or 436 and communicate or cause the communication of the threat to any other person.

(3) A person who violates subsection (2) is guilty of a felony punishable as follows:

(a) For a first conviction under subsection (2), by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(b) For a second or subsequent conviction under subsection (2), imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.

(4) The court may order a person convicted under subsection (2) to pay to the state or a local unit of government the costs of responding to the false report or threat including, but not limited to, use of police or fire emergency response vehicles and teams, pursuant to section 1f of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1f, unless otherwise expressly provided for in this section.

(5) If the person ordered to pay costs under subsection (4) is a juvenile under the jurisdiction of the family division of the circuit court under chapter 10 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1001 to 600.1043, all of the following apply:

(a) If the court determines that the juvenile is or will be unable to pay all of the costs ordered, after notice to the juvenile’s parent or parents and an opportunity for the parent or parents to be heard, the court may order the parent or parents having supervisory responsibility for the juvenile, at the time of the acts upon which the order is based, to pay any portion of the costs ordered that is outstanding. An order under this subsection does not relieve the juvenile of his or her obligation to pay the costs as ordered, but the amount owed by the juvenile shall be offset by any amount paid by his or her parent. As used in this subsection, “parent” does not include a foster parent.

(b) If the court orders a parent to pay costs under subdivision (a), the court shall take into account the financial resources of the parent and the burden that the payment of the costs will impose, with due regard to any other moral or legal financial obligations that the parent may have. If a parent is required to pay the costs under subdivision (a), the court shall provide for payment to be made in specified installments and within a specified period of time.

(c) A parent who has been ordered to pay the costs under subdivision (a) may petition the court for a modification of the amount of the costs owed by the parent or for a cancellation of any unpaid portion of the parent’s obligation. The court shall cancel all or part of the parent’s obligation due if the court determines that payment of the amount due will impose a manifest hardship on the parent.

(6) As used in this section:

(a) “Local unit of government” means:

(i) A city, village, township, or county.

(ii) A local or intermediate school district.

(iii) A public school academy.

(iv) A community college.

(b) “State” includes, but is not limited to, a state institution of higher education.

Remember, judges have a tremendous amount of discretion when imposing your punishment.  Without us, or another competent attorney, you may say or do the wrong thing, increasing your punishment.   For this reason, looking for an attorney who practices in the county where you were violated is particularly helpful.  That said, we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer, Livingston, Washtenaw, Genesee, and St. Clair.  For more information about False Report of Crime, or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

Why hire us?

One of the greatest advantages of hiring our firm is the connections we bring to the process.  Typically we know the prosecutor and the judge, allowing us to anticipate the judge’s reactions, understand how the prosecutor will want to proceed, and to negotiate the best deal for our clients in efforts of removing as much uncertainty from the process as possible.  For this reason, looking for an attorney who practices in the county where you were violated is particularly helpful.  That said we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer, Livingston, Washtenaw, Genesee, and St. Clair.

Let us help you navigate the Court system’s rough waters, and keep you out of jail.  For more information about Reporting a False Crime or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

Last updated by at .

Show Comments