Penal Code 148.9 PC – Providing False ID to a Police Officer

Penal Code 148.9 PC is the California law which makes it a crime for a person knowingly to provide false identification to a police officer. The offense is a misdemeanor punishable by up to 6 months in jail and a fine of up to $1000.00 plus penalty assessments.

The language in 148.9 PC states that “Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer…upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor.”

Best Legal Defenses

Luckily, there are several legal defenses that a person can raise if accused of a crime under PC 148.9. They include showing that the defendant:

• Wasn’t detained or arrested,
• Was falsely accused , and/or
• Was arrested after an unlawful.

Penalties you can face

A violation of Penal Code 148.9 is charged as a misdemeanor in California, as opposed to a felony and an infraction, which is punishable by:

• Imprisonment in county jail for up to six months, and/or
• A maximum fine of $1,000.

Please note that in lieu of jail time, a judge may award a defendant with misdemeanor or summary probation. Once a person is convicted of an offense under PC 148.9, this conviction will generally not have:

• any negative immigration consequences (if applicable), and
• An impact on a person’s gun rights.

A person convicted of this offense can also seek to have it expunged once he successfully completes probation or any jail time.

The following are explained in this article: 

• 1. Prohibitions under Penal Code 148.9 PC
  2. Legal defenses.
  3. What are the penalties?
  4. Are there immigration consequences?
  5. Can a person get an expungement after a conviction?
  6. Does a false ID conviction affect a person’s gun rights?
  7. Are there crimes associated with false identification?

1.  Prohibitions under Penal Code 148.9 PC

Penal Code 148.9 PC is the California law that makes it a crime for a person to knowingly provide false identification to a police officer.

A prosecutor must prove three things to successfully convict a defendant of this crime. These are:

1. The accused knowingly provided a fake name, or the name of another person to a police officer,
2. The accused provided this name after being lawfully detained or arrested, and
3. The defendant gave the fake or false name to evade the court process or to avoid proper identification. As to the second element above, there must be detention or an arrest for PC 148.9 to apply. This means that it is not a crime for a party to provide false identification during a consensual encounter with a police officer.

Note that: “False identification” includes giving police a false birth date.

2. Legal defenses.

If a person is accused of a crime under this statute, then he can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed.

The 3 common defenses to PC 148.9 accusations are:

1. No detention or arrest,
2. Falsely accused, and/or
3. Unlawful search and seizure.

 No detention or arrest

Recall that an accused is only guilty under this code section if he falsely identifies himself after lawful detention or arrest. This means it is always a solid legal defense for a defendant to show that, while he provided a fake or false name to the police, he did so prior to being detained or arrested. Perhaps, for example, the accused was engaged in a consensual conversation with an officer when he gave a fake name.

 Falsely accused

Unfortunately, it is not at all uncommon for people to get prosecuted based on false allegations. People get falsely accused out of

• jealousy,
• revenge, and
• anger.

Thus, it is a valid defense for a defendant to say that a party falsely accused him of violating Penal Code 148.9.

 Unlawful search and seizure

The Fourth Amendment to the U.S. Constitution declares that we have the right to be free from unreasonable “searches and seizures” by law enforcement. If authorities obtain evidence from an unreasonable, or unlawful search and seizure, then that evidence can get excluded from a criminal case. This means that any charges in the case could get reduced or even dismissed.

3. What are the penalties?

A violation of this statute is charged as a misdemeanor in California.

The crime is punishable by:

• Imprisonment in county jail for up to six months, and/or
• A maximum fine of $1,000.

Please note that: In lieu of jail time, a judge may award a defendant with misdemeanor or summary probation.

4. Are there immigration consequences?

A PC 148.9 conviction generally has no negative immigration consequences since false identification is not a crime of moral turpitude.

5. Can a person get an expungement after a conviction?

A person convicted under PC 148.9 can try to get the offense expunged.

Under Penal Code 1203.4, an expungement releases an individual from almost “all penalties and disabilities” arising out of the conviction.

One particular benefit is that an expunged conviction does not need to be disclosed to potential employers.

Basically, PC 1203.4 authorizes an expungement for a misdemeanor or felony offense provided the applicant:

1. successfully completed probation (either felony probation or misdemeanor probation), and
2. is not currently:

• charged with a criminal offense,
• On probation for a criminal offense, or
• Serving a sentence for a criminal offense.

This means that once a defendant has successfully completed probation for violating PC 148.9, or serving a jail term for the same, he may begin trying to get the crime expunged.

6. Does a false identification conviction affect a person’s gun rights?

A conviction under Penal Code 148.9 does not have an effect on the convicted party’s gun rights.

Note that: Some felony and misdemeanor convictions will lead to the defendant to own a gun in California while some misdemeanors carry a 10-year firearm ban.

But a conviction involving false identification will not result in a person losing ownership of his gun or being banned from the gun for a period of time.

7. Are there crimes related to false identification?

There are three crimes related to false identification to a police officer. These are:

1. False impersonation under California PC 529,
2. Resisting arrest under California PC 148, and
3. False statements/information to a police officer under California VC 31.

Spodek Law Group can give you a free consultation in person or by phone. We serve our clients in the greater Los Angeles area, the San Fernando Valley, Orange County, Ventura, Long Beach, Riverside, Pasadena, San Bernardino, Rancho Cucamonga, San Diego, Napa County, Oakland, San Francisco, Sacramento, San Jose and throughout the State of California.