Summary
Providing false identification to law enforcement in Tennessee can result in charges of criminal impersonation or identity theft. Criminal impersonation is generally charged when false identity is given without intent to commit fraud or cause harm, while identity theft involves using anothers identity with intent to defraud or cause harm. The prosecutor decides the charge based on intent and harm caused. In your case, if the intent was to avoid arrest, the charge might be reduced to criminal impersonation. Consult a local attorney for personalized advice.Full Conversation
When I was pulled over, I gave him a wrong name and birthdate and I was charged with identity theft and I’m just wondering with that get dropped down to criminal impersonation
Hello **** ****, could you please provide me with the jurisdiction or location where this incident happened? Different regions may have varying laws related to your situation.
Lincoln county, Tennessee
In Tennessee, providing false identification to a law enforcement officer can be charged as:
*. Criminal Impersonation, a Class B misdemeanor, punishable by up to 6 months in jail, and/or a fine up to $*.
*. Identity Theft, a Class D felony, punishable by *-12 years in prison, and a fine up to $*,*.
Please consult a local attorney for personalized advice.
Could you provide me of the difference in * & * to where the charges are decided
The difference between the two charges primarily lies in the intent and the harm caused.
*. Criminal Impersonation: Generally charged when someone gives false identity without intending to commit fraud or cause harm.
*. Identity Theft: Typically charged when someone uses another's identity with the intent to commit fraud or cause harm.
A prosecutor decides the charge based on these factors.
so basically during the traffic stop, it would be more likely to get charged with her cause I just gave a different name and birthday
It could be, but it ultimately depends on the prosecutor's interpretation of your intent and whether harm was caused. Consult a local attorney to discuss your situation and possible defenses.
I’m sorry I meant to say doing a traffic stop if I gave the wrong name and birthday just so they wouldn’t arrest me he would get dropped to criminal impersonation more than likely right
Yes, it's possible that the charge could be reduced to Criminal Impersonation, given your intent was to avoid arrest, not to harm or defraud. However, the final decision lies with the prosecutor and courts. Consulting with a local attorney is advised.