Misuse of 911 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.

What the Law Says

It is a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine) to:

1. Access, or cause someone else to access, 911 to make a false alarm or complaint or report false information that could result in an emergency response by any public safety agency;
2. Knowingly use or try to use 911 for a purpose other than getting public safety assistance; or
3. Knowingly use or try to use 911 to avoid a charge for service.

Felony levels (since July 1, 2025):

• If a false alarm or false report leads to an emergency response that results in great bodily harm, permanent disfigurement, or permanent disability to anyone, as a result of lawful conduct in the response: third-degree felony, up to 5 years.
• If it results in death: second-degree felony, up to 15 years.
• Repeat misuse: after two or more convictions, continuing to misuse emergency services is a third-degree felony. A plea with adjudication withheld, or a no-contest plea, counts as a conviction for this purpose.

The court must order payment of the costs of prosecution and investigation, and restitution, including the full cost of the agency's response.

What the State Must Prove

Instruction 21.22 has one element, in three versions: you accessed (or caused someone to access) 911 to make a false alarm, false complaint, or false report that could result in an emergency response; or you knowingly used or tried to use 911 for a purpose other than getting public safety assistance; or you knowingly used or tried to use it to avoid a charge for service. See the elements.

Common Miami Scenarios

• Repeated calls during a mental health or substance crisis.
• Calling 911 about a non-emergency dispute with a business or neighbor.
• A false report that sent officers to someone's home ("swatting").
• Teenagers making prank calls.

How We Defend Misuse of 911 Charges

• Did you believe it was an emergency? A real belief, even a mistaken one, is different from a knowingly false call.
• Knowledge. Two of the three versions require that you acted knowingly. Pocket dials and accidental calls do not qualify.
• Mental health. When a crisis is behind the calls, treatment-based outcomes may be possible. No outcome is guaranteed.
• The felony levels. The State must connect the false call to the response and the response to the injury.
• Juveniles. See Juvenile Crimes.

What to Do First

1. Don't call back to explain or apologize. Those calls are recorded.
2. Ask for a lawyer before talking to officers.
3. Gather medical or treatment records if a crisis was involved.
4. 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

Can I be arrested for calling 911 too many times?

Knowingly using 911 for something other than getting public safety help is a misdemeanor. After two or more convictions, continued misuse is a felony.

I really thought it was an emergency. Is that a crime?

The false-alarm version is about false alarms and false information, and the other versions require knowing misuse. A genuine belief is a central defense.

What if a false call leads to someone getting hurt?

Since July 1, 2025, it can be a third-degree felony, or a second-degree felony if someone dies.