fbpx

Nobody ever wants to be accused of a crime and it’s worse if you never even committed the crime. Criminal convictions carry serious penalties, including heavy fines or jail time. If you have been falsely accused of a crime, you should retain an attorney right away as they will be able to help you. 

According to Florida Statute 817.49, whoever provides to a law enforcement officer false information or reports concerning someone of any crime, knowing the information or report is false, even though no such crime had actually been committed, will be guilty of a misdemeanor of the first degree

If you are falsely accused, gather all the evidence and as much information as you can surrounding the crime. Be prepared to share everything you remember with your attorney as they can use the information to help you. Do not try and destroy any evidence as this can further hurt your case. You also do not want to speak with anyone, including the person who falsely accused you. This could further complicate the situation.

If you are presented with a criminal charge, consult with your attorney right away. They will go over your options with you, including further investigation into the alleged crime and alibi defenses.

Defenses for False Accusations

If someone is charged with making a false accusation to law enforcement, there are many defenses, with the most common being factual in nature. 

Report Not Provably False

When investigating an incident, police will jump to conclusions and pick a side. In making the arrest, the police may press charges against the person they do not believe. When there is evidence to support the defendant’s side, this may dispute the false claims on the report. 

False Information

Even if the report is false, the prosecution has to establish the defendant knew the information was false. If the defendant was simply mistaken or given the wrong information by someone else, this will provide a powerful defense. 

To prove the information was false at trial, the State must establish beyond a reasonable doubt:

  • The accused willfully provided false information or a false report; 
  • Knew the information was false because a crime had not been committed and; 
  • The false information was given to a police officer. 

If you find yourself being falsely accused of a crime, contact Attorney Brandon Gans for a free case evaluation.

Firm Overview

Gans Law offers a variety of services that range from criminal defense to suspended licenses. Here at Gans Law, we understand that sometimes good people find themselves dealing with complex legal matters.

Learn More

Case Results

Our Reviews

Serving all of central Florida

Orange

Hillsborough

Osceola

Brevard

Seminole

Polk

Volusia

Pinellas

Can a Petitioner Violate a Restraining Order in Florida?

In Florida, a restraining order is a protective order designed to safeguard individuals from threats, harassment, or abuse. The order is typically issued against a respondent, the individual accused of the behavior, to protect the petitioner. Restraining orders are...

Resisting Arrest With and Without Violence in Florida

Whenever you encounter law enforcement and they go to arrest you, it is never a good idea to resist them as you can get into more trouble. If you resist arrest with violence, you’ll face even higher penalties.   Resisting Without Violence According to Florida Statute...

Florida Traffic Tickets and Your Driving Record

When you get pulled over for a moving violation, you may wonder what is going to happen to your driving record. Is it something that prospective employers can see? If you decide to fight a traffic ticket, either by taking it to court yourself or hiring an attorney,...

Why is being on probation more dangerous than you think?

When facing potential jail time, most defendants prefer to be placed on probation instead of going to jail. Probation comes with many stipulations that many defendants fail to consider. Before accepting an offer of probation, consider the following:  Florida Statute...

Misdemeanors and Felony Charges in Florida

Felonies and Misdemeanors differ in both the severity of the crime and of the penalties. Misdemeanors tend to be less severe crimes, so the punishments for these crimes tend to be lesser. The fines are relatively small, and you can only be held in jail for up to a...

What is the Penalty for First-Time DUI in Florida?

Driving Under the Influence (DUI), often referred to as “drunk driving,” is when a driver of a motor vehicle has a blood alcohol content (BAC) over the legal limit, or their normal faculties are impaired by drugs or alcohol.  A DUI conviction in Florida comes with...

What is Disorderly Conduct?

In Florida, disorderly conduct is any behavior that disrupts a public space. Some common examples include making excessively loud noise, drunk and disorderly behavior, and fighting in the street. Florida Statute 877.03 defines disorderly conduct as acts that are of a...

Can You Lose Your License for Leaving the Scene of an Accident?

Under Florida law, it is a criminal offense for leaving the scene of an accident. Florida Statute 316.061 states that leaving the scene of an accident, also known as a “hit and run,” occurs when the driver of the vehicle involved in a crash resulting in damage to...

New Florida Law: Playing Loud or Excessive Music

On July 1, 2022, a Florida law went into effect that prohibits excessive music and other sounds from being played inside the vehicle. According to Florida Statute 316.3045, it is unlawful for any person operating or occupying a motor vehicle on a street or highway to...

What’s the Difference Between Assault & Battery in Florida?

Although assault and battery offenses in Florida are similar and are discussed together, they are two distinct criminal offenses. In Florida, the main difference between assault and battery is the absence or presence of physical contact. Assault is a verbal or...

News & Posts

FAQs

Trivia

Orlando, FL

711 N. Orlando Ave. Suite 302B, Maitland, FL 32751

Hours: By Appointment Only

Clearwater, FL

8200 Bryan Dairy Road Suite 340
Largo, FL 33777

Hours: By Appointment Only

407-500-4267

Send Us a Message!

More Contact Info

// // "UPixel" code from roger@printingwarehouses.com //