Section 243 of the Penal Law provides that a person who gives a police officer or someone authorized to file a criminal prosecution information about an offense, while knowing that the information is false, is liable to up to 3 years of imprisonment, and if the offense that is the subject of the information is a felony, up to 5 years of imprisonment.
What does the law provide?
Section 243 of the Penal Law provides that a person who gives a police officer or someone authorized to file a criminal prosecution information about an offense, while knowing that the information is false, is liable to up to 3 years of imprisonment, and if the offense that is the subject of the information is a felony, up to 5 years of imprisonment. The offense exists whether a formal complaint was filed or whether "information" was provided in another way.
Why does the law treat false complaints severely?
A false complaint harms on two levels: it brings upon an innocent person an investigation, arrest, and sometimes an indictment, and it wastes the resources of the enforcement system and erodes the credibility of truthful complaints. False complaints are especially common against the background of divorce and custody disputes, neighbor disputes, and business disputes, where the complaint serves as a weapon to gain an advantage.
Harmed by a false complaint?
Anyone against whom a false complaint has been filed must act on two tracks: first, proper management of the investigation against them until the case is closed, preferably on the ground of lack of guilt, the only ground that completely erases the police record. Second, after the closure, examining steps against the complainant: a criminal complaint for providing false information and a civil lawsuit for defamation and damages. Documentation of messages and communications from the other side is critical for both tracks.
Being investigated on suspicion of providing false information?
Even a party who complained in good faith may find themselves under investigation when the police believe the complaint is fabricated. The distinction between a complaint that was not proven and a complaint knowingly made falsely is a fine legal distinction, and that is precisely what the defense is built on. Do not give a version before receiving advice.
Legal representation in false complaint cases
Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents both victims of false complaints in pursuing justice against the complainant, and suspects in the offense of providing false information. Contact us for an initial consultation with no obligation.
What does the law provide?
Section 243 of the Penal Law provides that a person who gives a police officer or someone authorized to file a criminal prosecution information about an offense, while knowing that the information is false, is liable to up to 3 years of imprisonment, and if the offense that is the subject of the information is a felony, up to 5 years of imprisonment. The offense exists whether a formal complaint was filed or whether "information" was provided in another way.
Why does the law treat false complaints severely?
A false complaint harms on two levels: it brings upon an innocent person an investigation, arrest, and sometimes an indictment, and it wastes the resources of the enforcement system and erodes the credibility of truthful complaints. False complaints are especially common against the background of divorce and custody disputes, neighbor disputes, and business disputes, where the complaint serves as a weapon to gain an advantage.
Harmed by a false complaint?
Anyone against whom a false complaint has been filed must act on two tracks: first, proper management of the investigation against them until the case is closed, preferably on the ground of lack of guilt, the only ground that completely erases the police record. Second, after the closure, examining steps against the complainant: a criminal complaint for providing false information and a civil lawsuit for defamation and damages. Documentation of messages and communications from the other side is critical for both tracks.
Being investigated on suspicion of providing false information?
Even a party who complained in good faith may find themselves under investigation when the police believe the complaint is fabricated. The distinction between a complaint that was not proven and a complaint knowingly made falsely is a fine legal distinction, and that is precisely what the defense is built on. Do not give a version before receiving advice.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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