Man Arrested for Burglary and Making False Statements to the Police
On February 28, the Delaware State Police arrested Michael Paulino for burglary. Mr. Pauline is a resident of Kansas but found himself on the roof of Reybold Homes at 1:00 in the afternoon.
Reybold Homes is located at 2350 Pulaski Highway in Newark. The defendant was seen throwing pieces of metal to the ground near his vehicle. Police followed up by contacting the owner of the business, who confirmed that no one should be on the roof.
When Paulino came down, the police investigated, and the suspect gave a false name. Using his ID card, the police managed to uncover his real identity and found a crowbar and metal clippers, which he was using to remove metal from the roof.
Police arrested Paulino, and he is facing the following charges:
- Theft Under $1500 (Class A Misdemeanor)
- Possession of Burglar Tools (Felony)
- Provide False Statement to Law Enforcement with Intent to Hinder Investigation (Felony)
- Burglary Third Degree (Felony)
These are serious charges which can result in several years in prison if convicted. Further, a convicted felon can lose important civil rights in Delaware, such as the right to possess a gun.
Providing False Statements to Law Enforcement
Some readers might be surprised that Providing a False Statement to Law Enforcement is a felony charge. Under 11 Delaware Code § 1245A, a defendant can face charges when they make false statements to the police with the intent to delay, prevent, or hinder a criminal investigation. There is a limitation that the defendant knowingly provides the false statement and that the statement is material to the investigation.
There are certain defenses available to this crime:
- The statement was not false; or
- The defendant did not know the statement was false when making it; or
- The false statement was not material to the investigation; or
- The defendant did not intend to delay or in any way thwart an investigation.
Here, Paulino provided a false name while being caught in a suspected crime. None of the above defenses would seem to be available.
Providing a False Statement to Law Enforcement is either a felony or misdemeanor offense, based on the crime the police are investigating when the statements are made. If the police are investigating a felony—as they were here—then any false statement is a Class G felony. The maximum sentence is two years in jail for this non-violent offense.
However, if the police were investigating a misdemeanor offense, then making false, material statements would be a Class A misdemeanor. This crime carries up to a year in jail if convicted.
Contact a Delaware Felony Charges Lawyer for a Free Consultation
Something as small as providing a false name or a forged ID card could result in years in prison if convicted. Furthermore, a defendant can be convicted of false statements even if they are acquitted of the underlying charge which prompted the investigation in the first place. Get help with this charge by calling Michael W. Modica, a knowledgeable Wilmington criminal defense lawyer for a free consultation.
Source:
dsp.delaware.gov/2025/03/01/state-police-arrest-kansas-man-for-burglary/
