If you’re stopped or questioned by law enforcement in California, you’re not required to volunteer information—and you always have the right to remain silent. But affirmatively lying can cross the line into a crime. Here’s a clear, practical guide to what California (and federal) law actually punishes, common scenarios, penalties, and smart ways to protect yourself.
When Silence Is Safer Than Speaking
You may decline to answer questions and ask for an attorney. What you should not do is provide false information that interferes with an investigation or is covered by a specific statute. (Practically speaking, “I choose to remain silent” is almost always better than guessing or making up facts.)
California Laws That Criminalize Lying to Police
- Resisting/Obstructing an Officer — Penal Code Section 148(a)(1)
You can violate this statute by willfully resisting, delaying, or obstructing an officer in the performance of their duties. Giving false information that materially delays or obstructs can qualify. It’s a misdemeanor punishable by up to one year in county jail and fines. - False Report of a Crime — Penal Code Section 148.5
Knowingly making a false report that a crime occurred (for example, “my car was stolen,” when it wasn’t) is a misdemeanor, typically punishable by up to six months in county jail and fines up to $1,000. - False Identity to a Peace Officer — Penal Code Section 148.9
Giving a fake name or identifying information to an officer upon lawful detention or arrest is a misdemeanor carrying up to six months in county jail and/or a fine up to $1,000. - False Information or Documents During a Traffic Stop — Vehicle Code Section 31
Presenting false registration/insurance, or otherwise supplying false information to an officer in the course of their duties (think traffic stops) is a misdemeanor with up to six months in county jail and up to $1,000 in fines. - Filing a False or Forged Document — Penal Code Section Section 115
Submitting a knowingly false or forged instrument for filing (e.g., fake police report filing paperwork, altered government records) is a felony, punishable by up to three years in jail or prison. - Perjury — Penal Code Section 118 - Lying under oath (in court, declarations, affidavits) is a felony punishable by up to four years and other serious collateral consequences.
What About Federal Agents?
If you lie to federal investigators (FBI, DEA, etc.), you can be charged under 18 U.S.Code Section 1001, which criminalizes materially false statements in matters within federal jurisdiction—punishable by up to five years in prison (up to eight years in certain cases).
Isn’t Lying “Free Speech” Sometimes?
The U.S. Supreme Court held that not all lies are criminal; the First Amendment protects some false speech in the abstract. But lies that cause “legally cognizable harm” (e.g., obstructing police, false reports, perjury, fraud) can be punished. In short: the Constitution doesn’t shield lies that interfere with official duties or legal processes.
Common Scenarios
- Traffic stop: Handing over a fake name or doctored insurance card can trigger Vehicle Code §31 or PC §148.9 charges. Silence is safer than a lie.
- Calling 911 as a “prank”: A knowingly false report (even if “just a joke”) can lead to PC §148.5 charges—and civil liability if others were harmed.
- Sworn statements/affidavits: False statements under oath risk perjury; filing forged documents risks PC §115 felony exposure.
- Speaking with federal agents: Material lies to the FBI or other federal officers are chargeable under 18 US Code Section 1001—even if you’re not under oath.
Practical Tips to Protect Yourself
- Use your rights: You can say, “I’m invoking my right to remain silent and I want a lawyer.”
- Don’t guess: If you’re unsure, don’t “fill in the blanks.” Guessing wrong can look like intentional deception.
- Avoid “explaining it away” on the spot: Many obstruction or false-statement cases start as routine encounters and escalate after someone tries to talk themselves out of trouble.
- Call an attorney early: An attorney can interact with officers on your behalf and prevent statements from being misinterpreted.
Hiring The Right Attorney Makes All The Difference
In California, silence is lawful—lying can be criminal. Offenses range from misdemeanors (false reports, false ID, false info at a stop) to serious felonies (perjury, filing false documents). If you’re being questioned by police or federal agents, asserting your right to remain silent and requesting a lawyer is usually the safest move.
Need help? Contact the attorneys at Stephen G. Rodriguez & Partners in Los Angeles. We have decades of experience and have successfully represented clients who have made false statements to law enforcement. Contact us at 213- 481-6811 for an in-person no-charge consultation.