California Penal Code 148.9 PC False Representation of Identity to a Police Officer
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 was making a false representation to an officer, the defendant may avoid the charge if his lawyer can prove that he did not have knowledge.
Peace Officer Not Engaged in Performance of Lawful Duties: The defendant cannot be charged with violating 148.9 PC if she can demonstrate that the police officer was not lawfully performing her duties when the alleged false representation occurred. An officer of the peace is not behaving lawfully under her duty as a peace officer if she is illegally arresting or detaining someone or if she is illegally arresting or detaining someone or if is using unreasonable or excessive force in her duties.
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