Fairfax Defense for False Reports, Perjury, and Obstruction Charges

Quick answer: Virginia’s crimes against the administration of justice punish conduct that interferes with police, courts, and investigations: obstructing or resisting an officer, lying to police, filing a false police report, lying under oath, missing a required court date, and helping someone escape punishment for a felony. Most are Class 1 misdemeanors, but perjury is a Class 5 felony that permanently bars a person from jury service and public office, and a false report made because of someone’s race, religion, or other protected trait is a felony. These charges often grow out of another case — a domestic dispute, a custody fight, a traffic stop — and each has specific elements the Commonwealth must prove. Attorney Sheryl Shane has more than 31 years of criminal defense experience. Call (703) 582-8119.

Why These Charges Are Different

A charge like this is rarely just about what happened. It’s about credibility — yours, the officer’s, or a witness’s. A conviction for lying to police or lying under oath follows a person in every later case where their word matters, and a perjury conviction carries a lifetime bar from jury service and public office.

They also rarely arrive alone. False reports come out of breakups and custody disputes. Perjury charges come out of protective-order hearings and traffic trials. Obstruction charges come out of arrests for something else. Defending them well usually means understanding the other case too.

Obstruction and Resisting Arrest — § 18.2-460

Virginia’s obstruction statute is five offenses in one: obstructing an official in their duties, intimidating one by threats or force, lying to police about a crime by someone else, and resisting arrest — all Class 1 misdemeanors — plus a Class 5 felony version for threats connected to a drug distribution, gang, or violent felony investigation.

The courts have drawn firm limits on all of it. Resisting arrest requires actual flight, and appellate courts have reversed convictions three separate times where the person struggled but never left the officer’s immediate reach. Obstruction requires direct action — failing to cooperate, running away, or peacefully criticizing an officer isn’t enough. And the false-statement subsection reaches only lies told while police investigate someone else. For the full picture, see my Fairfax obstruction and resisting arrest page.

These charges frequently arrive alongside disorderly conduct out of a single police encounter, and the two are defended together.

Lying to Police: Two Different Statutes

People often use “lying to the police” to describe two separate crimes, and the difference matters.

Lying during an investigation of someone else — § 18.2-460(D). Knowingly and willfully making a materially false statement to an officer investigating a crime by another person is a Class 1 misdemeanor. The Court of Appeals has held this doesn’t apply when the police are investigating you: giving a false name while officers were looking into the person’s own warrant wasn’t a violation. Other statutes can apply to false identification, though, so that’s not a safe harbor.

Reporting a crime that didn’t happen — § 18.2-461. This is the false report statute, covered next.

False Police Reports — § 18.2-461

Knowingly giving a false report of a crime to police with intent to mislead is a Class 1 misdemeanor, and a Class 6 felony if the report targets someone because of a protected trait. For how intent is proven and defended, see my false police report page.

Perjury — § 18.2-434

Perjury is a Class 5 felony. It covers:

• Willfully swearing falsely, under a lawfully administered oath, about a material matter
• Swearing falsely that someone is 18 or older to get them a marriage license
• Willfully signing a written declaration under penalty of perjury that you don’t believe is true — which reaches forms and applications, not just courtroom testimony

A conviction permanently disqualifies the person from holding public office or serving on a jury.

Where perjury cases are defended:

• Knowledge. The Commonwealth must prove you knew the statement was false. If you believed it was true, it isn’t perjury.
• Materiality. The statement must be relevant to the main issue or a side issue in the case. It doesn’t have to change the outcome, but a false detail that doesn’t matter isn’t perjury — getting a date wrong wasn’t material where the event itself was the issue.
• Corroboration. Virginia requires proof of falsity by two witnesses, or one witness plus corroborating evidence. Contradictory statements made off the stand aren’t enough by themselves, and a conviction was reversed where the testimony supported a false alibi only by inference. Video, though, can be enough on its own.
• The oath must be legally required. A voluntary affidavit that no law called for isn’t perjury, even if it’s false.

What surprises people:

• Each false statement can be a separate count, even in a single appearance on the stand.
• An acquittal doesn’t protect you. A man acquitted of larceny was later convicted of perjury for his testimony at that trial.
• The Fifth Amendment protects silence, not lying. A missing warning isn’t a defense.

A separate statute, § 18.2-435, covers contradictory statements made under oath.

Accessory After the Fact — § 18.2-19

Helping someone who has already committed a felony avoid arrest or punishment is a Class 1 misdemeanor for most felonies — a Class 6 felony only for the most serious homicides. It applies only to felonies.

The Commonwealth must prove the felony was complete, that you knew the person had committed it, and that you helped them in order to help them escape. The kind of help doesn’t matter; the purpose does. Timing matters too: a woman who drove a shooter away before the victim died couldn’t be an accessory to a homicide, because no homicide had happened yet.

The family exception. A spouse, parent, grandparent, child, grandchild, or sibling — by blood or by marriage — cannot be an accessory after the fact. That doesn’t protect against other charges, such as lying to police during the investigation.

Failure to Appear — § 19.2-128

Missing a required court date after being released on bond, on your own recognizance, or on a summons is its own crime:

• Class 6 felony if the underlying charge is a felony, or you were convicted of a felony and released with execution of the sentence suspended under § 19.2-319
• Class 1 misdemeanor if the underlying charge is a misdemeanor, or you were convicted of a misdemeanor and released with execution of the sentence suspended under § 19.2-319

Any bond posted can also be forfeited, after notice, unless there’s good cause for the absence or the court decides forfeiture wouldn’t serve justice.

It has to be willful. The statute defines a willful failure to appear as intentional conduct for the purpose of avoiding the judicial process. Missing court by accident isn’t the same thing — but the burden of explaining a real reason usually falls on the defense.

New in 2026. The General Assembly added language that matters in almost every one of these cases:

• Past isolated misses aren’t evidence of willfulness — even if they led to convictions. Only a pattern of recurrent, purposeful conduct to evade prosecution can be considered.
• The court must consider mitigating circumstances, including an illness, injury, or other unforeseen medical condition; unforeseen transportation problems; being unable to get adequate care for a dependent; and any steps the person took to contact the court or fix the missed date.

And since 2024, the statute doesn’t apply to someone who was in jail, in a state or federal detention facility, or in police custody when they were due in court.

Notice is where many cases turn. The Commonwealth must show you knew the date. A signed recognizance bond, or a continuance recorded in a court order, can supply that — and if your attorney knew the date, a court can infer that you did too. Convictions have been reversed where nothing in the evidence showed the person had notice, and where the order setting the new date wasn’t entered until the day of the hearing itself.

What has and hasn’t worked:

• A man without a driver’s license who called three people for rides and called the clerk’s office to explain was not guilty — his absence wasn’t willful.
• Explanations that weren’t believed failed: a medication mix-up, an app that missed the date, blaming a relative, or simply forgetting.
• Leaving Virginia in violation of bond conditions has been treated as strong evidence of willfulness.

What surprises people:

• One missed date can mean several charges. The Supreme Court of Virginia held that someone who missed a single hearing on three felony charges committed three separate felonies.
• It survives the original charge. A failure to appear stands on its own, regardless of what happens to the charge that brought you to court.
• It applies after a guilty plea. Missing a sentencing date after pleading guilty is covered.

When These Charges Come Out of a Domestic Case

Many of these charges start in a relationship dispute:

• A false report made during a breakup or custody fight
• Testimony at a protective-order hearing later contradicted by video — a woman was convicted of perjury on exactly those facts
• A complaining witness who changes her story under oath — a girlfriend’s bond-hearing testimony that the couple was only “mutually arguing” was found false based on the officer’s account and her written statement at the scene

When a case involves a family or household member, the domestic side and the justice-crime side have to be handled together. The domestic charges themselves are covered on my domestic violence page.

The Consequences That Follow

Because these charges turn on honesty, they carry weight beyond the sentence — with employers, licensing boards, and security-clearance reviewers, and in any future case where credibility is at issue. How the case resolves, and what ends up on the record, deserves attention from the start. For anyone who is not a U.S. citizen, the immigration treatment of these offenses varies by statute and should be reviewed before any plea.

Frequently Asked Questions

Is giving a fake name to the police a crime in Virginia?

It can be, but not always under the obstruction statute. The Court of Appeals has held that § 18.2-460(D) covers false statements only when police are investigating a crime by someone else, and a false name given while officers were investigating the person’s own warrant didn’t violate it. Other statutes can apply to false identification, so it’s never a safe choice.

Is failure to appear a felony in Virginia?

It depends on the underlying case. Willfully failing to appear on a felony charge is a Class 6 felony; on a misdemeanor charge, it’s a Class 1 misdemeanor. A single missed date on several felony charges can be charged as several felonies.

I missed court. Does it matter what I do next?

Yes. Since 2026, the statute directs the court to consider any steps a person took to contact the court or fix a missed date, along with circumstances like a medical emergency, transportation problems, or being unable to get care for a dependent. Acting quickly, through a lawyer, matters.

Can I be charged if I reported a crime and it turned out I was wrong?

Not for an honest mistake. A false-report conviction requires proof that you knowingly gave a false report with intent to mislead.

Is resisting arrest a felony?

No. Resisting arrest is a Class 1 misdemeanor, and it requires actual flight from the officer. Struggling while staying within the officer’s reach isn’t resisting arrest, though it can sometimes be charged as obstruction. My obstruction and resisting arrest page covers the cases where convictions were reversed on that point.

What does the Commonwealth have to prove for perjury?

That you willfully made a false statement under a lawful oath, that you knew it was false, and that it was material. Falsity must be proven by two witnesses or one witness plus corroborating evidence.

Can I be charged with perjury for testimony at a trial where I was acquitted?

Yes. The Supreme Court of Virginia upheld a perjury conviction based on testimony at a trial where the defendant was acquitted of the underlying charge.

Can a parent be charged for helping a child who committed a crime?

Not as an accessory after the fact. Parents, spouses, children, grandparents, grandchildren, and siblings are exempt from that statute. Other charges, such as lying to police during an investigation, can still apply.

Is a false police report ever a felony?

Yes. It becomes a Class 6 felony if the false report or call is made against someone because of their race, religion, gender, disability, gender identity, sexual orientation, color, or national origin.

What happens if I’m convicted of perjury?

Perjury is a Class 5 felony, and a conviction permanently disqualifies the person from serving on a jury or holding public office.

About the Attorney

Sheryl Shane is a Virginia criminal defense attorney with more than 31 years of criminal defense experience, defending clients throughout Northern Virginia since 2000 in Fairfax, Arlington, Prince William, Loudoun, and Alexandria. A former arbitration judge and Guardian ad Litem, she maintains a deliberately small practice and personally handles every case she takes — from the first consultation through final resolution. Her office is located just minutes from the Fairfax County Courthouse.

This page was written and reviewed by Attorney Sheryl Shane and reflects Virginia law current through the 2026 Special Session I. This is attorney advertising; past results do not guarantee a similar outcome in any future case.

Contact Sheryl Shane

Sheryl Shane
Virginia Criminal Attorney

Office Address
4015 Chain Bridge Road
Fairfax, VA 22030

Phone
(703) 582-8119

Serving clients throughout Fairfax County, Arlington County, Loudoun County, Prince William County, Alexandria, and Northern Virginia.

This page provides general information about Virginia law and is not legal advice for any specific situation. Reading it, or contacting Virginia Criminal Attorney through this website, does not create an attorney-client relationship, and information sent before a formal engagement is established may not be treated as privileged or confidential.