Q: If someone files a false police report what happens

A: GREAT QUESTION

There are both felony and misdemeanor "false police report" charges in North Carolina, see:

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-225.html

§ 14-225. False reports to law enforcement agencies or officers.

(a) Except as provided in subsection (b) of this section, any person who shall willfully make or cause to be made to a law enforcement agency or officer any false, deliberately misleading or unfounded report, for the purpose of interfering with the operation of a law enforcement agency, or to hinder or obstruct any law enforcement officer in the performance of his duty, shall be guilty of a Class 2 misdemeanor.

(b) A violation of subsection (a) of this section is punishable as a Class H felony if the false, deliberately misleading, or unfounded report relates to a law enforcement investigation involving the disappearance of a child as that term is defined in G.S. 14-318.5 or child victim of a Class A, B1, B2, or C felony offense. For purposes of this subsection, a child is any person who is less than 16 years of age.

The inquiry appears to relate to a Class 2 Misdemeanor.

At the same time, we have seen cases in the past the police report was filed for the purposes of insurance fraud, which may constitute a CLASS H FELONY.

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_58/GS_58-2-161.pdf

Any person who, with the intent to injure, defraud, or deceive an insurer or

insurance claimant:

(1) Presents or causes to be presented a written or oral statement, including

computer-generated documents as part of, in support of, or in opposition to,

a claim for payment or other benefit pursuant to an insurance policy,

knowing that the statement contains false or misleading information

concerning any fact or matter material to the claim, or

(2) Assists, abets, solicits, or conspires with another person to prepare or make

any written or oral statement that is intended to be presented to an insurer or

insurance claimant in connection with, in support of, or in opposition to, a

claim for payment or other benefit pursuant to an insurance policy, knowing

G.S. 58-2-161 Page 2

that the statement contains false or misleading information concerning a fact

or matter material to the claim is guilty of a Class H felony. Each claim shall

be considered a separate count. Upon conviction, if the court imposes

probation, the court may order the defendant to pay restitution as a condition

of probation. In determination of the amount of restitution pursuant to G.S.

15A-1343(d), the reasonable costs and attorneys' fees incurred by the victim

in the investigation of, and efforts to recover damages arising from, the

claim, may be considered part of the damage caused by the defendant arising

out of the offense.

The NC Sentencing Chart indicates a maximum possible term of imprisonment of 39 months in prison.

See: https://www.nccourts.gov/assets/documents/publications/FelonyChart_1013MaxChart.pdf?JOZLdcExFM1TmlzHLiPcH7dUcMjQ8Ls7

It's a really good idea to speak with legal counsel, as each case, like each client, is unique.

Timing can be key in defending such matters.

OTHER RESOURCES/INFORMATION:

What are the Top 3 Things to do if Arrested: https://www.carolinaattorneys.com/what-are-the-top-3-things-to-do-if-arrested.html

TIPS FOR HIRING A LAWYER: https://www.carolinaattorneys.com/tips-for-hiring-a-carolina-criminal-defense-lawyer-in-north-caro.html

Best of luck to you!

Bill Powers

CarolinaAttorneys.com

Bill@CarolinaAtorneys.com