Filing a False Police Report in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

The Charges and the Penalties

False report of the commission of a crime (s. 817.49). Willfully giving, or causing someone to give, false information or a report about a crime to a law enforcement officer or a public safety agency employee, knowing it is false, when no such crime was actually committed.

• First-degree misdemeanor: up to 1 year and a $1,000 fine.
• Third-degree felony (up to 5 years) if the emergency response leads to great bodily harm, permanent disfigurement, or permanent disability; second-degree felony (up to 15 years) if it leads to a death.
• The court must order restitution, including the full cost to the responding agency.

Giving false information about a crime to police (s. 837.05). Knowingly giving false information to a law enforcement officer about the alleged commission of any crime.

• First-degree misdemeanor.
• Third-degree felony for a repeat offense with a prior conviction, if the information was in writing or is backed up by a recording, a statement, or a witness.
• Third-degree felony if the false information is about a capital felony.
• Since July 1, 2025, the court must order payment of the costs of prosecution and investigation, and restitution to victims harmed by the police response.

What the State Must Prove

• 21.4, false report of a crime: you willfully gave (or caused) false information or a report about a crime to an officer or public safety employee; you knew it was false because you knew no such crime had been committed; and the person was, and you knew they were, an officer or public safety employee. See the elements.
• 21.5, false information about a crime: you knowingly gave information about an alleged crime, knew it was false, gave it to a law enforcement officer, and knew the person was an officer. See the elements.
• 21.6, capital felony: the same, plus the crime alleged was a capital felony. See the elements.

Common Miami Scenarios

• A domestic dispute where the person who called police later says it didn't happen that way.
• A report tied to an insurance claim. See Insurance Fraud.
• A false 911 call. See Misuse of 911.

How We Defend False Report Charges

• Did you know it was false? Honest mistakes, confusion, and genuine belief are not crimes under these statutes.
• Did a crime actually happen? The s. 817.49 charge requires that no such crime was actually committed.
• A recantation is not proof of a lie. The State still has to prove which version was false, and that you knew it.

What to Do First

1. Stop talking to police about the report. Ask for a lawyer.
2. Save texts, emails, and documents that show what you believed at the time.
3. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

If I take back my statement, will I be charged with filing a false report?

Not automatically. The State must prove the original report was false and that you knew it. Talk to a lawyer before you give any new statement.

Is filing a false police report a felony?

Usually it is a first-degree misdemeanor. It can be a felony if someone is seriously injured or killed in the response, for a repeat offense with corroboration, or when the false report is about a capital felony.

Will I have to pay for the police response?

The court must order restitution, and under s. 837.05, the costs of prosecution and investigation.