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Asked over 2 years ago - Santa Monica, CA
FlagMy sister made a domestic violence statement to the police while she was not of sound mind. She was sufferinga a miscarraige and was on a mix of over the counter drugs and anti-depression medication. Now the state is filing criminal charges. What can she do to immediately persuade the DA to drop all charges?
Filing a false police report usually is charged as a misdemeanor violation of CA Penal Code ("PC") Section 148.5, punishable by imprisonment in the county jail for up to one year and a fine up to $1,000. However, there are exceptions: Knowingly giving a false name to police or using the identity of someone else on any police report, other official or financial report can be charged as a Felony under Penal Code Section 529 PC. Also, if the police report is made or required for filing an insurance claim, knowingly providing false information, including a false report of a theft or loss, false report of damage or false value of insured property, it is considered insurance fraud. The false report mostly likely will be prosecuted as Felony insurance fraud under Penal Code Section 550.
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