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720 ILCS 5/31-4.5

Obstructing Identification

 

  • Class A misdemeanor
  • Up to 364 days in jail
  • Fine up to $2,500
  • Call for more details

 

Understanding Obstructing Identification in Illinois

Obstructing identification is a criminal offense in Illinois that occurs when an individual provides false or misleading information about their identity to law enforcement. This crime is often charged when someone attempts to avoid arrest or prosecution by giving a false name, date of birth, or other identifying information. A conviction for obstructing identification can lead to legal penalties, including fines, jail time, and a permanent criminal record.

 

What Constitutes Obstructing Identification in Illinois?

Under Illinois law, obstructing identification is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/31-4.5. The offense occurs when an individual knowingly provides false information to a peace officer who has lawfully detained them and:

  • Gives a False Name: Provides a name other than their own to law enforcement in an attempt to mislead or avoid identification.
  • Gives a False Date of Birth: Provides an incorrect date of birth to law enforcement, intending to deceive the officer about their identity.
  • Provides a False Address: Gives an incorrect address when questioned by law enforcement during a lawful stop or detention.

Examples of Obstructing Identification Under Illinois Law

Here are specific examples of what could constitute obstructing identification under Illinois law:

  • Giving a False Name During a Traffic Stop
    • Statute: 720 ILCS 5/31-4.5(a)
    • Description: An individual is pulled over for a traffic violation and provides a false name to the officer to avoid being identified as someone with an outstanding warrant.
  • Providing a False Date of Birth During an Investigation
    • Statute: 720 ILCS 5/31-4.5(a)
    • Description: A person being questioned by police during an investigation provides a false date of birth, hoping to avoid detection or mislead law enforcement.

Penalties for Obstructing Identification in Illinois

The penalties for obstructing identification in Illinois can be significant, particularly if the false information leads to further complications in an investigation. Potential penalties include:

  • Class A Misdemeanor:
    • Up to 1 year in jail
    • Fines of up to $2,500

In addition to these legal penalties, a conviction for obstructing identification can result in a permanent criminal record, affecting future employment, housing, and other opportunities.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of obstructing identification is a serious matter that requires an experienced defense attorney. Here’s why Andrew M. Weisberg is the defense attorney you need:

  • Extensive Knowledge of Illinois Criminal Law: Andrew M. Weisberg has a deep understanding of Illinois laws related to obstructing identification. His background as a former Cook County prosecutor gives him valuable insights into how these cases are prosecuted, allowing him to develop effective defense strategies.
  • Tailored Defense Strategies: Mr. Weisberg thoroughly investigates the details of your case to identify any weaknesses in the prosecution’s evidence. He tailors his defense strategy to your specific situation, aiming for the best possible outcome.
  • Aggressive Courtroom Advocacy: Known for his assertive courtroom presence, Mr. Weisberg is committed to fighting for your rights, whether through negotiating a favorable plea or challenging the evidence at trial.
  • Compassionate and Confidential Client Support: Facing criminal charges can be overwhelming, but Mr. Weisberg provides not only expert legal representation but also compassionate and confidential support throughout the legal process. He ensures that you are fully informed and supported every step of the way.

Contact Andrew M. Weisberg for a free consultation to discuss your obstructing identification case and learn how he can help protect your rights and fight for the best possible outcome.