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 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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Why clients call Tim Powers Law

Former prosecutor and former judge insight

Aggressive defense in Denton and Collin County

Former prosecutor and former judge insight

Aggressive defense in Denton and Collin County

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

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

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