False Reports to Law Enforcement in New Jersey

N.J.S.A. 2C:28-4 · Offenses Against Public Administration

What the law says

A person commits an offense by knowingly giving or causing false information to be given to a law enforcement officer for the purpose of implicating another. A person also commits an offense by knowingly reporting an offense or incident that did not occur, or by pretending to provide authorities with information about an offense or incident when the person has no such information.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:28-4, that means:

• The person knowingly gives or causes to be given false information to a law enforcement officer.
• The person acts with the purpose to implicate another.
• The person reports or causes to be reported to law enforcement authorities an offense or other incident within their concern, knowing that it did not occur.
• The person pretends to furnish, or causes to be furnished, law enforcement authorities with information relating to an offense or incident, knowing that the person has no information relating to that offense or incident.

How the charge is graded

• Falsely incriminating another is a crime of the third degree, except the offense is a crime of the second degree if the false information which the actor gave or caused to be given would implicate the person in a crime of the first or second degree.
• Fictitious reports are a crime of the fourth degree.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• For falsely incriminating another, knowledge of the grade of the crime about which the defendant gave false information is not an element of the offense, and it is not a defense that the defendant did not know the grade of the crime.
• Amended 2015, c.175.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Challenging whether the conduct meets the statute's specific elements
• Bodycam and dashcam video review of the police encounter
• Lack of purpose or knowledge
• Negotiating downgrades to municipal court where appropriate

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your False Reports to Law Enforcement charge.

Related charges

• Bribery →
• Official Misconduct →
• Perjury →
• Witness Tampering →
• Tampering with Physical Evidence →
• Obstructing Administration of Law →
• Resisting Arrest →
• Eluding a Police Officer →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.