‘SWATting’ False Emergency Reports and Serious Ramifications
SWATting can lead to severe legal consequences, especially in cases where someone is injured or killed as the result of an illegitimate emergency call. Police and prosecutors have a powerful emotional response to incidents of alleged SWATting, and they aggressively pursue these cases, often seeking the maximum punishment available. If you’re facing SWATting charges in Los Angeles, don’t speak to the police without your criminal defense attorney present.
What Is SWATting?
The term SWATting derives its name from the Specialized Weapons and Tactics (SWAT) police teams that are called in to handle high-risk situations. SWATting occurs when someone intentionally makes a false report to emergency services, claiming an immediate threat that requires SWAT team intervention. These fabricated reports often involve scenarios such as hostage situations, bomb threats, or active shooters. The objective is to provoke an overwhelming response from law enforcement response.
SWATting typically begins with the perpetrator making a false emergency call to 911. Using advanced technology such as caller ID spoofing, the caller can mask their identity and location, making it difficult for authorities to trace the call. The caller fabricates a serious situation, prompting an urgent reaction from law enforcement agencies. The SWATting target is then subjected to a high-stress police raid, which may involve the use of weapons and other tactical measures.
SWATting is generally used as a means of harassment or revenge. Common targets of SWATting incidents include celebrities, online gamers, and private individuals. Celebrities are often targeted due to their high public profiles, making them attractive victims for perpetrators seeking media attention. Competitive gaming environments can foster intense rivalries, and some individuals resort to SWATting their competitors. Private individuals can also become victims, particularly if they have had public disputes or if they have been doxed, which means having their personal information publicly exposed online.
Legal Consequences of SWATting in Los Angeles
SWATting may be prosecuted under both federal and state laws. At the federal level, charges may include making false statements, conspiracy, and wire fraud, especially if interstate communication systems are used. These charges fall under various statutes, including 18 U.S.C. § 1001 for false statements and 18 U.S.C. § 1343 for wire fraud.
State laws in California address SWATting explicitly. Under California Penal Code Section 148.3, false reporting can be prosecuted as either a misdemeanor or a felony. If the false report causes great bodily injury or death, the defendant may face more severe charges, including manslaughter under Penal Code Section 192. The dual jurisdiction means that individuals accused of SWATting can face multiple prosecutions, resulting in compounded penalties. Conspiracy charges may also apply, especially if several people were involved in planning and executing the SWATting incident.
The penalties and sentences for SWATting convictions are often extreme, reflecting the dangerous nature of the crime. Individuals found guilty of making false emergency reports may be subject to substantial fines, often ranging from several thousand to tens of thousands of dollars. In addition to financial penalties, prison sentences are a common outcome. Felony charges can result in harsh sentences, including multiple years in state or federal prison.
The outcomes in high-profile SWATting cases illustrate the possibility of strict legal penalties for defendants. For example, Tyler Barriss was sentenced to 20 to 25 years in prison for a hoax 911 call he made in 2017. Barnes called police from Los Angeles to claim that a hostage situation was occurring at a residence in Wichita, Kansas. This incident resulted in a fatality.
Legal Strategies for Defendants Facing SWATting Charges in Los Angeles
One potential defense in SWATting cases is the lack of intent. For the prosecution to get a conviction, they must prove that the accused intentionally made a false report with the aim of causing a SWAT team response. If the defense can demonstrate that there was no intent to deceive law enforcement or create a dangerous situation, this could significantly weaken the prosecution’s case.
Mistaken identity is another viable defense in SWATting cases, particularly given the complexities of digital communications and caller ID spoofing. In situations where multiple individuals may have access to the same communication devices or online accounts, it is possible for someone to be wrongly accused. The defense can argue that the accused was not the individual who made the false report, presenting evidence such as alibis, witness testimonies, or digital forensics to establish their whereabouts at the time of the incident. Proving that someone else had the means and motive to commit the SWATting can seriously weaken the protection’s case.
Speak with Our Experienced Los Angeles SWATting Defense Attorneys
The importance of securing experienced legal representation in SWATting cases cannot be overstated. Given the potential for strict penalties, you’ll want to have the right lawyer by your side to defend your freedom.
Werksman Jackson & Quinn LLP is a highly acclaimed law firm. Our Los Angeles criminal defense attorneys have garnered considerable attention for successfully representing defendants in a number of high-profile clients.
Werksman Jackson & Quinn LLP has been featured on CNBC, the BBC, Fox News, ABC News, Esquire, and the Los Angeles Times. We have an AV Rating from Martindale-Hubbell, and Super Lawyers recognizes the outstanding service we provide to our clients based on peer review and independent research.
Schedule your case review with one of our SWATting defense lawyers in Los Angeles—call us at (213) 688-0460 for a free consultation.
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