PC §728(A) - FAILURE TO IDENTIFY TO A PEACE OFFICER OR PROVIDE IDENTIFCATION W/ VIOLENCE
CLASS A MISDEMEANOR
(a) Definition
Failure to identify to a peace officer or provide identification with violence is the act of refusing or failing to provide accurate identification or personal information to a law enforcement officer when lawfully requested, accompanied by the use of physical force or violence.
(b) Elements of the Offense
The following elements must be met to constitute a charge of failure to identify to a peace officer or provide identification with violence:
The defendant was approached or contacted by a peace officer, acting in the lawful performance of their duties.
The peace officer requested that the defendant provide their name, address, date of birth, or other identifying information.
The defendant refused or failed to provide accurate identification or personal information as requested by the peace officer.
The defendant used physical force or violence against the peace officer or others in connection with the refusal to provide identification.
Duties to Identify to a Peace Officer
(a) Duties to identify to a peace officer may include, but are not limited to, the following obligations for individuals contacted by law enforcement:
Providing truthful and accurate identification or personal information upon request by a peace officer.
Cooperating with law enforcement inquiries related to the investigation of criminal offenses or other lawful purposes.
Prohibited Conduct
(a) Prohibited conduct may include, but is not limited to, the following actions by individuals contacted by law enforcement:
Providing false or misleading identification or personal information to a peace officer.
Refusing to provide identification or personal information when lawfully requested by a peace officer.
Using physical force or violence against a peace officer or others in connection with the refusal to provide identification.
(c) Defenses
(a) It shall be a defense to a charge of failure to identify to a peace officer or provide identification with violence if the defendant can prove that they were acting in self-defense or under duress at the time of the incident.
(b) Lack of evidence of failure to identify to a peace officer or provide identification with violence, such as errors in law enforcement observations or documentation, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as causing injuries to a peace officer or others, using weapons or deadly force during the commission of the offense, repeated violations, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
100 SECONDS OF JAIL TIME.
BOND SET
$10,000.00
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