Nobody ever wants to be accused of a crime—and it’s even worse if you never 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, anyone who knowingly provides false information or reports to a law enforcement officer concerning someone committing a crime—when in fact no such crime was committed—will be guilty of a first-degree misdemeanor.

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

If you are presented with a criminal charge, consult with your attorney right away. They will review 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 possible defenses, most of which are factual in nature.

Report Not Provably False
When investigating an incident, police may jump to conclusions and choose a side. In making the arrest, they may press charges against the person they don’t believe. When there is evidence supporting the defendant’s side, this can help dispute the false claims in the report.

False Information
Even if the report is false, the prosecution must establish that the defendant knew the information was false. If the defendant was simply mistaken or was given incorrect information by someone else, this can provide a strong defense.

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

• The accused willfully provided false information or a false report;

• The accused knew the information was false because no crime had been committed; and

• The false information was given to a law enforcement officer.

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