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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
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Experience:  Licensed to Practice Law
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filling a false police report involving gun laws , where malice

Resolved Question:

filling a false police report involving gun laws , where malice is intended
Submitted: 12 months ago.
Category: Criminal Law
Expert:  TJ, Esq. replied 12 months ago.
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I'll be glad to help if I can. Do you have any specific questions? I just want to make sure that I understand what legal information you are seeking. Also, please provide some background information.

Thank you.
Customer: replied 12 months ago.

my wife filled an intentional false police report ,involving firearms , intentionally in malice, she knew they were BB guns , with the intent to have me arrested, in the middle family issue ,,knowing she was doing this was wrong and what statute is it

Expert:  TJ, Esq. replied 12 months ago.
Oh, I'm sorry to hear about what your wife did. What did the police do? Also, what is your specific legal question? What legal information are you seeking?

Thank you.
Customer: replied 12 months ago.

the police took the report , they notified calif DOJ and said that my BB guns ,were real guns and I had them ,and she knowingly lied to them and she made it a full report .my TRO is about to be released ,and i have no guns I even surrendered the BB gun to a friend ,just to smart but she still filed a false ferort

Expert:  TJ, Esq. replied 12 months ago.
Hello again.

Do you have a legal question? How can I help you?
Customer: replied 12 months ago.

what can she be charged with , and its codes and how bad is it for her

Expert:  TJ, Esq. replied 12 months ago.
Hello again. Thank you for clarifying your question.

Your wife could be charged with violating Penal Code Section 148.5(a), which states:

148.5. (a) Every person who reports to any peace officer listed in
Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the
Attorney General, or a deputy attorney general, or a district
attorney, or a deputy district attorney that a felony or misdemeanor
has been committed, knowing the report to be false, is guilty of a
misdemeanor
.


As you can see, it is a misdemeanor, so she would likely face fines if convicted.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is greatly appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To TJ, Esq." in the subject line of your question.
Customer: replied 12 months ago.

what is her possible punishment fines or how many does it take to make it a felony if at all, or does it compound it??

Expert:  TJ, Esq. replied 12 months ago.
Hello again.

It cannot becomes a felony, but the maximum fine is $1000 and the maximum jail time is up to 1 year. If it is her first offense, then she would likely get a fine, but no jail. When it comes to misdemeanors, judges don't usually put first time offenders in jail.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 9777
Experience: Licensed to Practice Law
TJ, Esq. and 8 other Criminal Law Specialists are ready to help you

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