Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Ask a Defense Attorney: How Serious is It to Provide a False Identity to a Police Officer?

Many people do not realize that it is against the law to provide a false identity to a police officer in many cases. Keep reading to learn about the potential penalties, defense options, and other facts about this charge. You can also simply contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation and determine your best way forward.

The Prosecution Must Prove Several Things

In order for a person to be convicted of providing false identification, the prosecutor is required to prove that you provided a fake name or the name of another person, that you did so to avoid going to court or to avoid presenting accurate identification, that you knew or should have known that the person was a police officer, and that the police officer was engaged in lawful duties at the time of your inaccurate ID. If the prosecutor fails to prove one of these elements, then they have not fulfilled their legal duty.

Potential Penalties for Providing the Police with False ID

This is a misdemeanor offense and in many cases, the judge assigns several months of probation to either prevent jail time altogether or to reduce it. However, a person convicted can spend as long as six months in jail and be subject to fines of as much as $1,000 plus penalty assessments.

Defense Options

There are a number of defense options that might work for your case. Your criminal defense attorney will review the case and determine what your best options are. Some of the most common defense options include:

  • Showing the police were not engaged in lawful duties. It is a requirement that the police were lawfully performing their duty at the time you provided false identification. If they were not acting lawfully then you are not guilty.
  • You did not know the facts. It is a requirement that you both knew the identification was false and that you knew (or should have known) the person in question was an officer. If you were stopped by a plainclothes officer in an unmarked car, and they did not have identification showing they were an officer, then you had no reason to have assumed they were an officer.
  • You did not intend to defraud the officer. If you had a reason for providing false identification that had nothing to do with trying to defraud the officer, then you can be found not guilty. For example, if the ID was part of a costume you were wearing and you thought the officer knew you were in costume, then you are not guilty of this offense.

If you have been accused of this crime, contact Law Office of Michael L. Fell now at (949) 585-9055 to request a free legal consultation.