Giving False Name Upon Arrest

Massachusetts General Laws Chapter 268, Section 34A punishes those who knowingly and willfully provide a false name or hide their true identity from a police officer or law enforcement official following an arrest.

The penalty for the crime of giving a false name upon arrest is imprisonment in the House of Corrections for up to 1 year and/or a fine of up to $1,000, and any restitution to the person whose identity has been assumed and who may have suffered any monetary loss as a result. If sentenced to the House of Corrections upon a conviction for the crime of giving a false name upon arrest, the sentence must be imposed ‘from and after’ any sentence imposed as a result of the underlying offense for which the person was arrested.

In order to be convicted of the crime of giving a false name upon arrest, the prosecutor is required to prove, beyond a reasonable doubt:

• That the defendant was arrested
• That the defendant then gave a false name to a police officer or a name that the person has assumed for a dishonest purpose
• That the defendant did so knowingly and willfully, i.e., that he/she intentionally gave the police officer a name that he/she had assumed for a dishonest purpose

Although the law technically allows a person to change his/her name at will and without to resort to legal proceedings, it is unlawful to do so where the motive to changing the name is for a dishonest purpose.

For purposes of the crime of giving a false name upon arrest, a dishonest purpose may include circumstances to conceal one’s criminal record to avoid being charged as a repeat offender; concealing one’s criminal record to obtain more favorable bail consideration; concealing one’s identity to avoid answering to an outstanding warrant; or creating a new identity in order to default and avoid prosecution on the charge for which one has been arrested.

If you have been charged with the crime of giving a false name upon arrest, Boston criminal defense lawyer Lefteris K. Travayiakis can help explain and defend your legal rights.

To schedule a Free Consultation and to discuss your criminal case with attorney Travayiakis, contact him online or call 617-657-2333.