What Are the Legal Risks of Lying on a Police Report in an Assault Case in Texas?

Attorney Answer

The single most important thing you can do right now is stop discussing the details with anyone, including police, and talk to a Texas criminal defense attorney before you say or do anything else about the report.

Under Texas Penal Code § 37.08, knowingly making a false report of a crime, or knowingly giving materially false information, to a police officer or law enforcement employee who is investigating is generally a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. If the false statement was made in a sworn affidavit rather than an ordinary report, other statutes covering false swearing could potentially apply instead, which is one reason the exact facts matter and a general answer cannot substitute for a lawyer reviewing your actual report.

It matters a great deal whether you were the person reporting the assault, a witness giving a statement, or the person accused, since your exposure and options look different in each situation. It also matters whether the underlying assault case is still open, because a false statement discovered while a case is active can affect that case as well as create separate exposure for you.

What you can do

1. Do not contact police on your own to fix the report or explain yourself. Anything you say can be used against you, and a lawyer should manage that communication. 2. Do not write out your own account of what happened. Notes you create yourself are not protected by attorney-client privilege, can be seized or subpoenaed, and can be used to impeach you if your testimony later differs. Instead preserve the records that already exist — texts, call logs, emails, receipts, photos and location history — along with the names and contact details of any witnesses, and give your account to your attorney verbally. 3. Hire a criminal defense attorney now, even before any charges are filed. They can often reach out to the investigating officer or the district attorney's office proactively, which sometimes leads to a better outcome than waiting. 4. Avoid discussing this with friends, family, or on social media beyond what is necessary, since those statements are not protected the way conversations with your attorney are.

If this is charged as a Class B misdemeanor, Texas generally requires the state to bring charges within two years, but do not rely on that timeline instead of getting help now, since an active investigation changes the calculus considerably.

This is general legal information, not legal advice, and a local Texas criminal defense attorney can review the actual report and the assault case and tell you exactly where you stand and how to protect yourself.