What is CA Penal Code §148.9 – Providing False ID to a Police Officer? Some people do not realize that providing false information to a peace officer is a crime in California, but it is. In fact, it’s punishable by a 6-month jail sentence and a fine of up to $1,000, including penalty assessment.
A peace officer is a civil officer chosen by the state to maintain law and order. They can be a California highway patrol officer, an investigator employed by the District Attorney’s Office, or the Sheriff and their deputy.
Under California Penal Codes, you don’t have to identify yourself unless it’s during a lawful detention or arrest. If you or your loved one gets injured due to an altercation during an arrest with the police, reach out to Los Angeles DUI Lawyer. We’ve connected thousands of people with attorneys who can help fight criminal charges like these.
Is Providing False Identification to a Police Officer in California a Crime?
Under Penal Code §148.9, it’s a crime to falsely identify yourself once lawfully detained. This includes using a false name, another person’s name, or a false identification document, such as a false birth certificate. To detain someone for this charge, a prosecutor must successfully prove three of the following things:
- The accused consciously presented a false name or another person’s name to a police officer.
- The accused tried using false identification to escape the court process.
- False information was provided after lawful detainment or arrest.
For the rules to apply, one must be arrested or detained. Presenting false information during a consensual encounter with a police officer is not a crime.
What Are the Penalties for Providing False Identification to a Police Officer?
A breach of PC §148.9 is charged as a misdemeanor in the state of California and is punishable by:
- County jail imprisonment for up to six months
- A maximum fine of $1,000
Notably, in place of months in jail, the judge can award the accused with summary probation. Summary probation is an alternative to a jail term for misdemeanor cases where the accused is directly supervised by the court rather than reporting to a probation officer.
Possible Defenses to Penal Code §148.9
When charged with presenting false information under the PC §148.9 statute, the accused can challenge the accusation by providing a legal defense. A good defense team can have the charges reduced, dropped, or dismissed, and you may get compensated. The common defenses to PC §148.9 accusations include:
No Arrests or Detentions
An accused is guilty of the crime under the code section if they present false information about themselves after a lawful arrest or detention. Therefore, a defendant can claim to have provided the wrong information before the arrest.
Unlawful Seizure or Search
The Fourth Amendment of the U.S. Constitution declares that every US citizen has the right to be free from nonconsensual or unreasonable search and seizure of personal property by any law enforcer.
If a law enforcement officer obtains evidence by unlawful seizures or search, the evidence will be excluded from the case, meaning any charges can be dismissed or reduced.
Falsely Accused
A misunderstanding with an officer can lead to prosecution based on false accusations. Unfortunately, the trend is common. You can also get prosecuted out of jealousy, revenge, or anger.
Can a Person Get an Expunction After a Conviction?
Expunction or expungement is a court-ordered process where the defendant’s criminal history is legally concealed and ‘forgotten’. A person convicted under PC 148.9 can try to get the offense expunged. To be expunged under the PC §1203.4, the accuser must:
- Complete their probation period
- Stay free from getting charged, probation, or serving a sentence for a criminal offense
The benefit of being expunged is that the detention history will not be disclosed to anyone, including employers, except those who work with the Federal Bureau of Investigation (FBI).
Why Legal Representation Matters in False ID Cases
If you’ve been accused of providing false identification to law enforcement, you may be facing more serious issues than you realize. What may seem like a minor incident during a traffic stop or lawful detention can quickly turn into something that affects your future.
This charge is considered a misdemeanor crime in California, but it also carries the weight of being a crime of dishonesty, which can create long-lasting challenges.
How a Lawyer Can Help
An experienced attorney can help you understand the potential consequences of the charges and what strategies may be available to reduce the impact.
Whether it’s questioning whether the identification to law enforcement was clearly false or addressing the nature of the criminal charges, a lawyer’s guidance can be critical in protecting your rights.
Other Crimes Related to False Identification
The three crimes under California law related to false identification include:
1. Resisting Arrest – PC §148
Penal Code §148 is a California law that makes it a crime for anyone to resist or obstruct an officer or an emergency medical technician (EMT) during their official duties. Other unlawful activities that prevent a law enforcer from performing their duty include:
- Trying to interfere with the authorities while monitoring a suspect in custody
- Obstructing the police from interviewing a witness to a crime or accident
- Interfering with an officer who is trying to access a crime or accident scene
This crime is punishable by up to one year of imprisonment at a county jail and a maximum fine of $1,000.
2. False Statement to an Officer – VC §31
Vehicle Code §31 under the California statutes states that it is a crime to provide false information to a peace officer. The violation of the California vehicle code is punishable by up to six months in county jail and a fine of up to $1,000. The false information claims include:
- Counterfeit or borrowed driver’s license
- False name
- Forged or counterfeit registration
- Any false answer to a question asked by an officer
3. False Impersonation – PC §529
Penal Code §529 states that it’s a crime to:
- Perform any act that may lead the impersonated person to face a lawsuit, prosecution, or unknown financial obligations.
- Impersonate someone privately or publicly.
Under California law, a false impersonation is known as a wobbler, meaning the crime can be charged as a felony or a misdemeanor. If the offense is charged as a felony, the accused can face up to three years in jail.
However, if the case is ruled as a misdemeanor, the defendant can receive a year of jail time at a county jail, including a maximum fine of $1,000.
Avoiding Mistakes That Can Affect Your Record
When you’re dealing with a charge under Penal Code §148.9, the way your case is handled from the start can influence the outcome. A conviction can show up on your criminal record, affecting employment, housing, and more.
Without legal help, you may miss opportunities to challenge weak evidence or argue that the situation was a misunderstanding.
The Value of an Attorney
A lawyer may be able to prove there was no intent to deceive or that the encounter was an unlawful detention in the first place. They may also explore alternatives to conviction depending on the facts of the case.
With the risk of severe penalties, it’s important to have someone who understands the law and can defend you against this type of criminal charge, especially when it involves questions about proper identification.
Connect With a Criminal Defense Attorney Today
Now you know about CA Penal Code §148.9 – Providing False ID to a Police Officer. If you or your loved one had a bad encounter with an officer that led to unlawful arrest or providing false information while under the influence, don’t hesitate to contact us at Los Angeles DUI Attorney.
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