A Minnesota Criminal Lawyer Explains the Charges Under Minn. Stat. § 609.505 and How to Fight Them
It is a situation full of bitter irony. You communicated with law enforcement—perhaps in a moment of panic, anger, or confusion—and now you are the one in handcuffs. The very system you reached out to has turned against you, and you’re facing a criminal charge for Falsely Reporting a Crime. Suddenly, your words have been twisted, your intentions have been misinterpreted, and your character is under attack. The police and prosecutors are building a case that paints you as a liar who deliberately wasted their time and resources, or worse, tried to wrongfully bring down the weight of the law on someone else.
You didn’t expect this. Maybe the situation was chaotic and your memory of the events isn’t perfect. Maybe you spoke out of anger during a heated dispute and later tried to correct the record. Or perhaps you made a complaint against a police officer who you believe wronged you, and now you are being punished for speaking up. Whatever the circumstances, you are now caught in the gears of the justice system, and you need to understand that the prosecution’s goal is not to find the truth—it’s to secure a conviction. They will use your own words against you to put a permanent mark on your record.
This is not a fight you should face by yourself. I have defended the rights of people across Minnesota, from Minneapolis and St. Paul to the suburbs of Bloomington, Maple Grove, and Plymouth, and in cities like Rochester and Duluth. I understand how prosecutors in Hennepin County, Ramsey County, and across the state construct these cases, and I know how to dismantle their arguments. You have a side to the story, and it deserves to be heard. Now is the time to stand up, assert your rights, and launch an aggressive defense.
When Words Become a Weapon: What Falsely Reporting a Crime Actually Means
In Minnesota, being charged with Falsely Reporting a Crime isn’t about being mistaken or getting a few details wrong. This crime hinges on your state of mind. The law targets individuals who knowingly provide false information to law enforcement with the specific intent to make an officer take action based on that lie. It is a crime of deliberate deception, not honest error. The state isn’t just accusing you of being wrong; it’s accusing you of being a malicious liar. This is a critical distinction and often forms the very foundation of a strong defense.
A Minnesota accusation for this offense generally falls into one of two categories. The most common is making a false report about a regular citizen, covered under Subdivision 1 of the statute. This could involve fabricating a story about a burglary, falsely accusing a neighbor of assault, or exaggerating the details of a domestic dispute. The second, more sensitive category involves making a false report of misconduct against a peace officer. This part of the law is particularly dangerous because it can be used to silence legitimate complaints and punish those who try to hold law enforcement accountable. Understanding which part of the law applies to you is crucial for fighting back against the charges.
The Law Being Used Against You: Minnesota Statute § 609.505
The entire case against you is built on a specific state law. It’s crucial you understand the exact language the prosecutor will use to try and secure a conviction. The charge of Falsely Reporting a Crime is defined in Minnesota Statute § 609.505. Here is the exact text of the statute:
609.505 FALSELY REPORTING CRIME.
Subdivision 1. False reporting. Whoever informs a law enforcement officer that a crime has been committed or otherwise provides information to an on-duty peace officer, knowing that the person is a peace officer, regarding the conduct of others, knowing that it is false and intending that the officer shall act in reliance upon it, is guilty of a misdemeanor. A person who is convicted a second or subsequent time under this section is guilty of a gross misdemeanor.
Subd. 2. Reporting police misconduct. (a) Whoever informs, or causes information to be communicated to, a peace officer, whose responsibilities include investigating or reporting police misconduct, that a peace officer… has committed an act of police misconduct, knowing that the information is false, is guilty of a crime…
(b) The court shall order any person convicted of a violation of this subdivision to make full restitution of all reasonable expenses incurred in the investigation of the false allegation unless the court makes a specific written finding that restitution would be inappropriate under the circumstances. A restitution award may not exceed $3,000.
Deconstructing the State’s Case: Legal Elements They Must Prove
To convict you of Falsely Reporting a Crime, a prosecutor must do more than show that your report was inaccurate. They carry the heavy burden of proving several specific legal elements beyond a reasonable doubt. My job is to attack their case at each of these points, creating that doubt and fighting for a dismissal or an acquittal. If the state fails to prove even one of these elements, they cannot legally convict you. Your defense starts with understanding what they are up against.
- Providing Information to PoliceThis is the first, most basic element. The prosecution must prove that you actually informed an on-duty law enforcement officer about a supposed crime or provided information about someone’s conduct. This communication can be a 911 call, a statement given to an officer at the scene in an Eagan neighborhood, or a formal complaint filed at a St. Cloud police station. The key is that you communicated directly with an officer you knew was on duty, setting a chain of events in motion with your words.
- Knowledge of FalsityThis is the heart of the matter and the prosecution’s biggest hurdle. They must prove that when you gave your statement, you knew it was false. It is not illegal to be wrong, confused, panicked, or to have a different perception of events than someone else. If you genuinely believed what you were saying was true—even if you were mistaken—you have not committed this crime. The state must get inside your head and prove you were consciously lying, not just incorrect.
- Intent to Induce RelianceIt’s not enough for the state to prove you told a knowing lie. They must also prove why you told it. The statute requires them to show that you gave the false information with the specific purpose of getting the officer to act on it. This means you wanted them to arrest someone, launch an investigation, file a report, or otherwise take official action based on your falsehood. If you were just venting, exaggerating without purpose, or speaking hypothetically, you may not have had the criminal intent the law requires.
More Than a Slap on the Wrist: Minnesota Penalties for False Reporting
Don’t let the words “misdemeanor” or “gross misdemeanor” fool you. Any criminal conviction in Minnesota carries significant consequences that can disrupt your life. A conviction for Falsely Reporting a Crime brands you as dishonest, a label that can be incredibly damaging. The penalties are designed to punish you with fines, potential jail time, and a permanent criminal record that can affect you for years to come. The severity depends on your history and the nature of the false report.
Misdemeanor False Reporting
For a first-time offense of general false reporting, you face a misdemeanor conviction. This also applies if you are convicted of falsely reporting non-criminal police misconduct. A misdemeanor in Minnesota is punishable by up to 90 days in jail and a fine of up to $1,000.
Gross Misdemeanor False Reporting
The charge becomes more serious if it is your second or subsequent offense under this statute. It is also a gross misdemeanor if you are accused of falsely reporting that a police officer committed a criminal act. A gross misdemeanor conviction is punishable by up to one year in jail and a fine of up to $3,000.
Mandatory Restitution
If you are convicted of falsely reporting police misconduct under Subdivision 2, the penalties don’t stop with fines and potential jail time. The court is required to order you to pay restitution for the “reasonable expenses incurred in the investigation.” This amount can be up to $3,000, adding a significant financial burden on top of all other penalties.
How Good Intentions Turn into Criminal Charges: Real-World Minnesota Scenarios
These charges often arise from messy, emotional, and very human situations. They are rarely as simple as the black-and-white text of the law suggests. Here are a few common scenarios that could lead to a Falsely Reporting a Crime charge in Minnesota.
The Heated Argument in a St. Paul Duplex
A couple engaged in a loud argument in their St. Paul duplex gets the attention of neighbors, and police are called. In the heat of the moment, one partner, wanting the other to be removed, tells the Ramsey County Sheriff’s deputies that they were pushed, even though no physical contact occurred. Later, after things have cooled down, they admit they exaggerated. The prosecutor could charge them with a misdemeanor for knowingly providing false information to induce the officers to act.
The Misguided Prank Call in a Duluth Dorm
A group of UMD students in Duluth, thinking it would be funny, call 911 to report a fake fight with weapons at a nearby off-campus party. The Duluth Police Department responds with multiple units, only to find the call was a hoax. The students who made the call could be charged with a misdemeanor, as their prank was knowingly false and intended to cause a police response.
The Misremembered Burglary in a Bloomington Suburb
A homeowner in Bloomington returns from vacation to find a side door ajar and their house in disarray. Panicking, they call the police and report a burglary, listing several valuable electronics as stolen. A week later, they find the “stolen” items in a closet where they had packed them before their trip. While they may have been genuinely mistaken, an aggressive prosecutor could argue they were reckless and try to pursue charges if significant police resources were expended.
The Retaliatory Complaint Against an Officer in Rochester
After receiving a speeding ticket on Highway 52 near Rochester, a driver becomes enraged. To get back at the State Trooper, they file a formal citizen complaint, falsely alleging the trooper used a racial slur during the traffic stop. An investigation, including a review of the trooper’s body camera footage, proves the allegation is false. The Olmsted County Attorney could charge the driver with a gross misdemeanor for falsely reporting criminal police misconduct.
Your Side of the Story Matters: Defenses Against a False Reporting Charge
When you’re charged with a crime of dishonesty, it can feel like your credibility has been destroyed before you even get to speak. Remember, an accusation is not proof. The prosecution’s narrative is just one interpretation of events, and it is often incomplete or skewed. My job is to tell your side of the story and to systematically dismantle the state’s case against you. A strong defense is built on challenging their evidence, questioning their assumptions, and asserting your rights at every turn.
We will not let the prosecution define you. We will force them to prove every single element of their case, and often, they simply can’t. The gap between what they think happened and what they can actually prove in court is where we build our defense. Whether it’s demonstrating a genuine mistake or challenging the constitutionality of the investigation itself, you have powerful options available to fight these charges.
You Genuinely Believed the Information Was True
This is the most direct defense. The state must prove you knew your statement was false. If you held an honest, good-faith belief that what you were reporting was true, you are not guilty.
- Mistake of Fact: You misinterpreted what you saw or heard. The shadows looked like a person, the loud bang sounded like a gunshot, or you misremembered details in the stress of the moment. We can argue that any inaccuracies were the result of a reasonable mistake, not a deliberate lie.
- Differing Perception: Your account of an event is not a “lie” just because it differs from someone else’s. Two people can witness the same event and come away with wildly different interpretations. We can argue that your report was your truthful perception of what happened.
Challenging the Element of Intent
Even if a statement was inaccurate, the state must still prove you made it with the specific intent for police to act on it. We can fight back by showing you had no such criminal intent.
- No Intent to Induce Action: Perhaps you were speaking emotionally, venting your frustration, or asking a hypothetical question. If you weren’t trying to get someone arrested or trigger an official investigation, you may be lacking the specific intent required for a conviction.
- Statement Taken Out of Context: Police reports are summaries and often leave out critical nuances of a conversation. We can argue that the police cherry-picked your words and that the full context of your statement shows a lack of criminal intent.
The Statement Was Not Materially False
The law is not designed to punish every minor inaccuracy. If the core of your statement was true, slight errors or exaggerations may not be enough to sustain a criminal charge.
- Substantial Truth: We can argue that while certain details might have been off, the main thrust of your report was accurate. A statement that is substantially true is a strong defense against a false reporting charge.
- Vague or Ambiguous Statements: If your statement was open to interpretation, we can argue it was not a clear, demonstrably false statement of fact. Opinions, speculation, and ambiguous phrasing are not the same as knowingly false information.
Constitutional and Procedural Defenses
Your constitutional rights are always in play. If the police violated your rights during the investigation, it can be grounds for getting the entire case dismissed.
- First Amendment Rights: Your right to free speech protects you from being prosecuted for expressing an opinion or even using hyperbole, especially when criticizing government action. We can argue that your statement, particularly in the context of a complaint against an officer, was protected speech.
- Coerced Statements: Did the police pressure you, make threats, or promise you leniency to get you to make a statement? If your words were not given freely and voluntarily, they may be inadmissible in court. We will scrutinize the police conduct that led to you being charged.
Straight Answers to Urgent Questions: Minnesota False Reporting FAQs
Will I go to jail for Falsely Reporting a Crime in Minnesota?
It’s possible. A gross misdemeanor carries a maximum of one year in jail, and a misdemeanor carries up to 90 days. However, for many first-time offenders, jail is not the most likely outcome. An effective defense attorney can fight for alternatives like fines, probation, or a diversion program that keeps you out of jail and may even result in a dismissal.
Can a false reporting charge be dismissed?
Yes, and this is always my primary goal. A case can be dismissed if we can prove the state lacks sufficient evidence, if police violated your rights, or if we can negotiate a favorable resolution with the prosecutor. Early intervention is key to maximizing the chances of a dismissal.
Do I need a lawyer for a misdemeanor charge in Minneapolis?
Absolutely. Any criminal charge, even a misdemeanor, results in a permanent public record if you are convicted. The stakes are too high to go it alone. An experienced lawyer can navigate the Hennepin County court system and fight to protect your record and your future.
How does this conviction affect my credibility?
This is one of the most severe collateral consequences. A conviction for a crime of dishonesty like false reporting can be used to “impeach” your testimony in any future legal proceeding, from a divorce case to a civil lawsuit. The other side can argue to a judge or jury that you are a liar and your words cannot be trusted.
What if I was drunk when I made the report?
Voluntary intoxication is generally not a defense to a crime in Minnesota. However, it can be a relevant fact in arguing that you lacked the specific “knowledge” or “intent” required for a conviction. We could argue you were too confused or disoriented to knowingly lie.
What’s the difference between being mistaken and filing a false report?
The difference is your state of mind. Being mistaken is an honest error based on a flawed perception or bad information. Filing a false report involves knowing the information is untrue and providing it anyway with the intent to deceive. The burden is on the state to prove you knew it was false.
How long does a false reporting charge stay on my record in Minnesota?
A conviction is permanent. It will appear on background checks for the rest of your life. While Minnesota law allows for the expungement of some criminal records, the process is complex and not guaranteed. The best approach is to fight the charge from the outset to avoid a conviction in the first place.
The police want me to come in and “clarify my statement.” What should I do?
This is often a trap. You should never speak to the police without your attorney present. They are likely investigating you for a crime. Politely decline to answer any questions or make any statements until you have consulted with a lawyer. Anything you say can be used to charge you.
I want to report police misconduct but I’m afraid of being charged. What should I do?
This is a legitimate fear. The safest way to report police misconduct is to do so with the guidance of an attorney. An attorney can help you formulate your complaint in a way that is truthful, accurate, and minimizes your risk of facing a retaliatory charge under Subdivision 2 of this statute.
Can I be sued for defamation if I’m charged with this?
Yes. In addition to the criminal charges, the person you falsely accused could potentially file a civil lawsuit against you for defamation (slander or libel) to seek monetary damages for the harm done to their reputation.
What is “restitution” and will I have to pay it?
Restitution is money you are ordered to pay to a victim to cover their losses. In cases of falsely reporting police misconduct, the “victim” is the police department, and you can be ordered to repay them up to $3,000 for the cost of investigating your false claim.
Can a 911 call be used as evidence against me?
Yes. The recording of your 911 call is often the primary piece of evidence the prosecution will use against you. Your own words can become the basis for the entire case.
What if I recanted or tried to take back my statement?
Taking back your statement can be helpful, but it doesn’t automatically make the charge go away. A prosecutor might see it as an admission that your initial report was false. However, a skilled attorney can frame your recantation as an attempt to correct an honest mistake, which can be a powerful part of your defense.
Will this affect my immigration status?
Yes. A crime of dishonesty or “moral turpitude” can have severe consequences for non-citizens, including making you deportable or ineligible for a green card or citizenship. It is critical to fight the charge aggressively to protect your status.
What is the first step I should take?
Your first and most important step is to exercise your right to remain silent and contact a Minnesota criminal defense lawyer immediately. Do not delay. The sooner you have a defender on your side, the better your chances of a successful outcome.
A Conviction’s Lasting Echo: The Lifelong Consequences
A conviction for Falsely Reporting a Crime does more than just leave you with fines and a possible jail sentence. It creates a lasting echo that can reverberate through every aspect of your life. This is a crime of dishonesty, and that label, once applied by a court, is incredibly difficult to remove. It follows you into job interviews, courtrooms, and community relationships, undermining your credibility at every turn.
Your Credibility on the Line
This is the most unique and damaging consequence. If you are ever a party or a witness in a future court case—a divorce, a child custody dispute, a personal injury lawsuit, or even another criminal matter—the opposing attorney can use this conviction to destroy your credibility. They can stand before a judge or jury and argue that you have a history of lying to authorities, and therefore, your testimony today should not be believed. This can cripple your ability to seek justice for yourself in the future.
Damage to Your Reputation and Employment
In the information age, a criminal record is a public record. A conviction for Falsely Reporting a Crime tells potential employers that you are untrustworthy. It can be a significant barrier to finding a job, especially in fields that require a high degree of integrity, such as finance, healthcare, education, or government. The conviction creates a cloud of suspicion that can follow you throughout your professional career.
Barriers to Housing and Professional Licenses
Just as with employment, landlords are often hesitant to rent to individuals with a criminal record, especially one that involves deception. You may find your housing applications repeatedly denied. Furthermore, state licensing boards that oversee professions like nursing, law, real estate, and accounting take crimes of dishonesty very seriously. A conviction could prevent you from obtaining or renewing a professional license essential to your livelihood.
Financial Fallout from Fines and Restitution
The financial impact is direct and immediate. You will be facing thousands of dollars in fines, court costs, and probation fees. If the charge involves a false complaint against the police, you could also be on the hook for up to $3,000 in restitution to repay the government for the cost of their investigation. A single mistake can lead to a significant and long-lasting financial burden.
Why You Must Fight Back with an Experienced Minnesota Attorney
When the state has weaponized your own words against you, you need a defender who can turn the tables. You need someone who will scrutinize the police report, listen to your side of the story, and expose the weaknesses in the prosecution’s case. Taking a plea deal just to make it go away is often a mistake that will haunt you for decades. An aggressive, proactive defense is your best and only option.
Turning the Tables on the Prosecution
My role is not simply to react to the prosecutor’s moves; it is to launch our own counter-investigation. We will challenge the so-called facts of their case. We will question the officer’s interpretation of your words. We will find the inconsistencies in their narrative and use them to your advantage. While they are focused on prosecuting you, I will be focused on deconstructing their case piece by piece until a reasonable doubt is all that remains.
Protecting You From a System That Misunderstands
The criminal justice system is not equipped to deal with the nuances of human emotion. It sees a statement on paper and calls it a lie, ignoring the context of fear, panic, or confusion in which it was given. I will be your voice, explaining the full story to the prosecutor and the judge. I will work to show them the real person behind the police report and fight to ensure that a moment of poor judgment does not unfairly define the rest of your life.
A Proactive Defense Across Minnesota
The best time to fight a criminal charge is before it gains momentum. By getting involved early, I can often influence the process before it gets to a courtroom. From Plymouth to Eagan, and from Minneapolis to the farthest corners of the state, I understand how to approach prosecutors with compelling arguments for dropping or reducing charges. This proactive approach and my knowledge of local court systems throughout Minnesota give you a significant strategic advantage.
Focused on a Single Goal: Protecting Your Future
My practice is dedicated to one thing: defending people accused of crimes in Minnesota. I don’t handle any other type of law. This singular focus means that every resource I have, every strategy I develop, and every argument I make is aimed at achieving the best possible outcome for you. Whether that is a full dismissal, a not-guilty verdict at trial, or a creative resolution that keeps the conviction off your record, my only goal is to protect your freedom, your reputation, and your future.