As criminal defense attorneys in Fort Collins, Timnath and Loveland, we often see cases where a person’s statements to police become the basis for criminal charges. Many people don’t realize that “lying to police” isn’t one specific crime. It can lead to charges under three different statutes:
- False Reporting (C.R.S. § 18-8-111)
- False Reporting of Identifying Information (C.R.S. § 18-8-304.5)
- Attempt to Influence a Public Servant (C.R.S. § 18-8-306)
Each offense has a different legal focus and the difference between them can mean the difference between a misdemeanor and a felony charge.
1. Fort Collins False Reporting Attorney: C.R.S. § 18-8-111
In Fort Collins, False Reporting to Authorities is generally the most common and least severe of these charges. It applies when someone knowingly provides false information to law enforcement about a crime or emergency.
Examples include:
- Calling 911 to report a crime or emergency that never occurred.
- Claiming to be the victim of a Theft or Assault that didn’t happen.
- Falsely accusing someone else of a crime.
Key elements:
- The person knowingly gives false information to a law enforcement authority;
- The information relates to a crime or emergency; and
- The false report causes a public response or investigation.
Penalties:
Depending on the circumstances, False Reporting is usually a class 2 misdemeanor, punishable by up to 120 days in jail and/or a $750 fine, though certain situations (like false reports involving explosives or if an injury results due to the false report) can be charged as a felony.
2. False Reporting of Identifying Information Lawyer in Loveland: C.R.S. § 18-8-304.5
This related offense specifically targets the act of providing false identifying information, such as a fake name, date of birth, or identification card, to law enforcement or another government official.
Examples include:
- Giving police a fake name during a traffic stop or arrest.
- Providing another person’s driver’s license or personal details to avoid a ticket or warrant.
- Presenting a forged or altered ID to law enforcement.
Key elements:
- The person knowingly provides false or fictitious identifying information;
- The purpose is to mislead a peace officer or avoid legal consequences; and
- The information is provided during the lawful discharge of the officer’s duties.
Penalties:
False Reporting of Identifying Information is typically a class 2 misdemeanor but can be elevated if combined with other offenses (for example, Identity Theft or Forgery). It can also be charged as a class 6 felony if providing the false information seriously impedes an investigation or arrest of someone accused of committing a felony VRA crime. Even though it’s not usually charged as a felony, it can still have serious implications, including criminal records, probation, and immigration consequences.
3. Timnath Attorney for Attempt to Influence a Public Servant: C.R.S. § 18-8-306
This is the most serious of the three charges. Unlike the misdemeanor “false reporting” statutes, Attempt to Influence a Public Servant is a class 4 felony.
This charge focuses on intent, specifically, trying to change or affect a public servant’s actions through deceit, threat, or another improper method.
Examples include:
- Lying to a police officer during an investigation to avoid arrest or charges.
- Submitting a false written statement to a government agency to influence a decision.
- Providing false information in hopes of avoiding prosecution or influencing a judge or prosecutor.
Key elements:
- The person attempts to influence a public servant’s decision, opinion, or action;
- The attempt involves deceit, threat, or another improper means; and
- The conduct is intentional.
Penalties:
As a class 4 felony, this offense carries 2 to 6 years in prison, 3 years of mandatory parole, and fines up to $500,000.
How Prosecutors Decide Which Charge to File
The context and intent behind the false statement determine which statute prosecutors use.
| Scenario | Likely Charge |
| Calling 911 to make up a crime or emergency | False Reporting (C.R.S. 18-8-111) |
| Giving a fake name or ID to police during a stop | False Reporting of Identifying Information (C.R.S. 18-8-304.5) |
| Lying to avoid being arrested or to change an officer’s decision | Attempt to Influence a Public Servant (C.R.S. 18-8-306) |
Sometimes prosecutors file multiple charges from the same incident to cover different legal theories, which can increase exposure and complicate defense strategies.
Why You Should Call an Experience Larimer County Criminal Defense Attorney
In Larimer County, not every “lie to the police” is treated the same. The law distinguishes between:
- False Reporting (lying about a crime or emergency),
- False Reporting of Identifying Information (lying about who you are), and
- Attempt to Influence a Public Servant (lying to change an outcome).
Understanding which statute applies , and why , is critical to mounting an effective defense.
If you’ve been charged under any of these laws, you should speak with an experienced Colorado criminal defense attorney right away. A knowledgeable lawyer can evaluate whether your statements were truly “false” under the law, whether they were made intentionally, and whether the government can prove its case beyond a reasonable doubt.
If you or someone you love has been charged with False Reporting or Attempt to Influence, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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