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June 5, 2026

Is It Illegal to Lie to the Police?

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

Key Takeaways

• Lying to police in California can lead to criminal charges, including obstruction, perjury, or providing false identification.
• California Penal Code § 148 makes it a crime to intentionally delay or obstruct an officer performing their duties.
• Perjury under California Penal Code § 118 applies to false sworn statements made in a court or official proceeding.
• Giving a false name after being stopped or detained by police is a separate criminal offense under California Penal Code § 148.9.
• Speaking with an attorney before or after a police interaction protects your rights and reduces legal exposure.

Many people searching for answers to “Is it illegal to lie to the police? assume the answer is simple. In California, it mostly is, though the specific charge depends on what was said, when, and in what context. How prosecutors respond depends on a few things: whether the lie happened during a formal proceeding, whether the person was already detained, and whether it actually affected the investigation. A comment meant to dodge a difficult question can end up being the reason someone is charged.

Pointer & Buelna, LLP – Lawyers For The People, our California civil rights lawyer, represents people throughout Los Angeles who find themselves facing charges connected to a police encounter. Understanding where the legal lines fall is the first step.

When Telling a Lie Becomes a Crime

Not every false statement made to an officer is a crime. What determines criminal exposure is context: whether the lie happened during an active investigation, a formal proceeding, or a detention, and whether it actually interfered with law enforcement doing its job.

Common Charges for Lying to Law Enforcement

California law contains several statutes prosecutors rely on when someone misleads the police.

• Obstruction under California Penal Code § 148: Anyone who willfully resists, delays, or obstructs a peace officer performing their lawful duties is broad enough to apply to anyone who misleads officers during an active investigation. A conviction carries penalties of up to one year in county jail and a fine of up to $1,000.
• Perjury under California Penal Code § 118: Applies when false statements are made under oath in a formal setting, such as a deposition, court hearing, or sworn declaration. The false statement must directly relate to the matter at hand and be made intentionally.
• Providing false identification under California Penal Code § 148.9: Covers a narrower but common situation: falsely identifying oneself as another person or a fictitious person to a peace officer during a lawful detention or arrest, either to avoid a court summons or to keep the officer from identifying them correctly.

How Police Questioning Works in California

A conversation with a police officer can carry serious legal weight long before anyone is placed under arrest. Officers conduct two broad categories of questioning: a voluntary conversation you can walk away from, and a formal interrogation once you are in custody.

In a voluntary conversation, you are free to leave and have no legal obligation to answer questions. A detention begins when a reasonable person would no longer feel free to walk away. At that point, the right to remain silent applies. Once someone is in custody and subject to interrogation, officers must advise them of their Miranda rights. The problem is that many people do not recognize the shift from one category to the other, and statements made during that transition can be used against them.

Protecting Your Rights If You’re Being Investigated

The Fifth Amendment right against self-incrimination, which is the right to stay silent rather than say something that could be used against you, allows any person to decline to answer questions that could implicate them in a crime. Exercising that right is not an admission of guilt. Police and prosecutors cannot legally use your silence as evidence against you in a California criminal proceeding.

Beyond that, anything said to police during an investigation becomes part of the record. Inconsistencies between statements made at different times, even when both are partially true, can be used to undermine credibility down the line.

When to Call a Lawyer After Talking to the Police

If you have already spoken with police and made statements you are uncertain about, consulting an attorney as early as possible limits further exposure. An attorney can assess whether those statements could support additional charges and advise on how to handle any further contact with law enforcement.

Need Legal Help After Speaking to Law Enforcement? Contact Pointer & Buelna Today

Pointer & Buelna, LLP – Lawyers For The People represents clients throughout Los Angeles in police misconduct and civil rights matters, including situations that arise from law enforcement encounters.

If you have questions about “is it illegal to lie to the police?” or you are currently under investigation after a police interaction, do not wait. Call us at (510) 822-7476 or contact us today for a free consultation.

“Law interested me because I always saw it as being a tool to equalize society so that the West Oaklands of the world could have the resources like the Piedmonts or Beverly Hills of the world.”

Adanté Pointer. Founder at Lawyers for the People