Criminal defense across Denton County and Collin County
Failure to Identify
Chapter 38 of the Texas Penal Code defines offenses relating to the obstruction of governmental operation.
“Failure to Identify”, as per § 38.02 of the Texas Penal Code, occurs when a person A) intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
Or B) a person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
1. lawfully arrested the person;
2. lawfully detained the person; or
3. requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
An offense under A) is a Class C misdemeanor, and an offense under B) is a Class B misdemeanor.
If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is raised to the next highest level of severity.
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Misdemeanor B
Confinement in jail for a term not to exceed 180 days
Fine not to exceed $2,000
Misdemeanor A
Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
An offense under A) is a Class C misdemeanor, and offense under B) is a Class B misdemeanor.
Punishment Range Misdemeanor C Fine not to exceed $500 Misdemeanor B Confinement in jail for a term not to exceed 180 days Fine not to exceed $2,000 Both such fine and confinement Misdemeanor A Confinement in jail for a term not to exceed one year Fine not to exceed $4,000 Both such fine and confinement Back to Index About Our Firm Contact Us Request a Free Case Evaluation Let Us Put Our Experience to Work for You
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Collin County By Appointment Only 972-724-4820 230 East Hunt Street, Suite 101 McKinney , TX 75069
Office locations
- Denton office: 215 West Oak Street, Denton, TX 76201
- McKinney office: 230 East Hunt Street, Suite 101, McKinney, TX 75069
- Plano office: 7200 Dallas Parkway, Plano, TX 75024