What are factors or elements for 148.9 PC Perjury?
Under 148.9 PC, it is a crime to represent a false identity to a California peace officer for the purpose of:
- Evading the process of the court, OR
- Avoiding proper identification by the officer.
- This section applies not just to giving the police a fake or fictitious name, but also supplying a false date of birth or any other data that would support a false identity.
148.9 PC is a misdemeanor in California and a misdemeanor carries up to six months in county jail. However, the judge oftentimes has the discretion to offer minimal or no jail time. Please note that the sentence ultimately depends on the defendant’s prior criminal records and the case’s surrounding circumstances.
How can we defend you against charges of 148.9 PC False Representation of Identity to a Policy Officer?
- Lack of Knowledge: Because the defendant must have known that he/she was making a false representation to an officer, the defendant may avoid the charge if his/her lawyer can prove that he/she did not have knowledge of the alleged representation.
- Peace Officer Not Engaged in Performance of Lawful Duties: The defendant cannot be charged with violating 148.9 PC if he/she can demonstrate that the police officer was not lawfully performing his/her duties when the alleged false representation occurred. An officer of the peace is not behaving lawfully under his/her duty as a peace officer if he/she is illegally arresting or detaining someone or if he/she is using unreasonable or excessive force in his/her duties.
We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.
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Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.
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