False Representation of Identity to a Police Officer | Penal Code § 148.9

Description

Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer, or to evade the proper identification of the person by the investigating officer may be charged with False Representation of Identity to a Police Officer.

What does the prosecutor have to prove?

1. Defendant falsely represented or identified himself or herself as another person or as a fictitious person to a peace officer.
2. Defendant was evading the process of the court or evading the proper identification of the defendant by the arresting officer.
3. Defendant providing the false information knew or should have known that the person receiving the information is a peace officer. [PC 148.6(a)]

Punishment
Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	Yes