Criminal Defense for False Impersonation: Protecting Your Rights

Summary:

False impersonation charges can have severe legal consequences, including felony convictions, substantial fines, and long-term damage to personal and professional reputation. These allegations often arise when someone is accused of knowingly assuming another person’s identity to gain benefits, commit fraud, or evade legal obligations. A strong criminal defense is crucial because intent is a key element in these cases – without proof of malicious intent, charges may be reduced or dismissed. Understanding the nuances of false impersonation laws and mounting an effective defense strategy can mean the difference between a clean record and life-altering penalties.

What This Means for You:

• Immediate Action: If you’re facing false impersonation charges, immediately exercise your right to remain silent and request an attorney. Do not discuss the case with anyone except your lawyer, as even innocent statements can be misconstrued. Preserve all potential evidence, including digital communications and witness contacts that could support your defense.
• Legal Risks: Depending on jurisdiction and circumstances, false impersonation can be charged as either a misdemeanor or felony, carrying penalties ranging from probation to multiple years in prison. Enhanced penalties apply if the impersonation involved law enforcement, government officials, or resulted in financial harm. Convictions often lead to permanent criminal records that affect employment, housing, and professional licensing.
• Financial Impact: Beyond attorney fees (which can range from $5,000-$50,000+ for serious cases), defendants face court costs, investigation expenses, potential restitution payments, and increased insurance premiums. Collateral consequences may include job loss, difficulty securing future employment, and damage to credit scores if identity theft is alleged.
• Long-Term Strategy: If convicted, explore options for record sealing or expungement where available. For immigration consequences, consult an immigration attorney immediately. Consider civil remedies if you were falsely accused. Maintain documentation of your case resolution for future background checks and professional applications.

False Impersonation Charges? Expert Criminal Defense Strategies to Protect Your Rights

“Criminal Defense For False Impersonation” Explained:

False impersonation, sometimes called false personation or criminal impersonation, is generally defined as knowingly assuming another person’s identity with intent to deceive or defraud. Under California Penal Code 529 PC, for example, the crime occurs when someone “falsely personates another in either his private or official capacity” and performs acts that could result in legal consequences for the impersonated person or benefits for the impersonator.

The prosecution must typically prove three key elements: (1) the defendant knowingly pretended to be someone else, (2) did so with fraudulent intent, and (3) took some action under the false identity that could cause harm or benefit. Charges may be filed as misdemeanors or felonies depending on factors like the impersonation’s purpose (e.g., financial gain vs. simple deception) and whether government officials or law enforcement were impersonated.

Types of Offenses:

Basic False Impersonation: Most states classify simple impersonation without aggravating factors as a misdemeanor, punishable by up to one year in county jail and fines typically ranging from $1,000-$10,000. Examples include using someone else’s name to gain entry to an event or create social media accounts.

Financial Identity Theft: When impersonation involves obtaining money, property, or credit, charges often escalate to felonies with potential prison sentences of 2-5 years or more. Many states have specific identity theft statutes that carry harsher penalties than general impersonation laws.

Impersonating Officials: Pretending to be a police officer, government employee, or licensed professional (doctor, lawyer, etc.) almost always results in felony charges. In Texas, impersonating a public servant (Penal Code §37.11) is a third-degree felony punishable by 2-10 years imprisonment.

Cyber Impersonation: Some states have specific laws addressing online impersonation. California’s cyber impersonation law (PC 528.5) makes it illegal to impersonate others online to harm, intimidate, threaten, or defraud, with penalties including up to one year in jail and $1,000 fines.

Common Defenses:

Lack of Intent: A successful defense often demonstrates the accused lacked fraudulent intent. For example, using a stage name for artistic purposes or accidentally providing incorrect identification typically doesn’t constitute criminal impersonation. In People v. Rathert (2000), charges were dismissed when the defendant showed his use of another’s name was part of an inside joke among friends.

Mistaken Identity: The defense may argue the defendant was misidentified as the impersonator. This strategy often involves alibi evidence, witness testimony, or digital records proving the defendant wasn’t involved in the alleged impersonation.

Consent: If the impersonated person gave permission (as when someone authorizes another to answer calls using their name), this can be a complete defense. Documentation of consent is crucial, as seen in State v. Jenkins (2012), where text messages showing permission led to acquittal.

Penalties and Consequences:

Penalties vary significantly by jurisdiction and case specifics, but may include:

• Incarceration: Misdemeanor convictions typically carry up to one year in jail, while felony convictions can result in state prison sentences of 16 months to 5 years (longer for aggravated cases)
• Fines: Ranging from $1,000 for minor offenses to $50,000+ for financial identity theft schemes
• Probation: Often 1-5 years with conditions like community service, counseling, and restitution payments
• Restitution: Courts frequently order repayment of funds obtained through impersonation
• Collateral Consequences: Professional license revocation, deportation for non-citizens, loss of voting rights (in some states), and firearm possession bans

Legal Process:

1. Arrest & Booking: Police make an arrest based on probable cause, then process the defendant at a jail facility
2. Bail Hearing: Within 48 hours, a judge determines bail amount or release conditions
3. Arraignment: Defendant hears formal charges and enters a plea (typically “not guilty” at this stage)
4. Preliminary Hearing: For felony cases, the prosecution presents evidence to show probable cause exists
5. Discovery: Defense attorney obtains police reports, witness statements, and other evidence from prosecutors
6. Pre-Trial Motions: Defense may file motions to suppress evidence or dismiss charges if constitutional violations occurred
7. Plea Bargaining: Many cases resolve through negotiated pleas to reduced charges
8. Trial: If no plea agreement is reached, the case proceeds to jury or bench trial where the prosecution must prove guilt beyond reasonable doubt
9. Sentencing: If convicted, the judge imposes penalties considering sentencing guidelines and mitigating factors

Choosing a Criminal Defense Attorney:

Selecting specialized legal representation is critical for false impersonation cases. Key considerations include:

• Experience: Look for attorneys with specific experience defending false impersonation/identity theft cases
• Local Knowledge: Familiarity with local judges, prosecutors, and court procedures can significantly impact case outcomes
• Communication: Choose an attorney who explains legal concepts clearly and keeps you informed
• Fee Structure: Understand whether the attorney charges flat fees, hourly rates, or requires retainers. Many offer payment plans
• Track Record: Ask about past case results (without guarantees) and whether they’ve handled cases similar to yours

Case Examples:

People v. Casanas (2017): California appellate court reversed a conviction where the defendant used his brother’s name during a traffic stop, finding insufficient evidence of fraudulent intent (Case No. B269558).

U.S. v. Chappell (2015): Federal case involving impersonation of a DEA agent to obtain drugs, resulting in a 5-year sentence (No. 14-3037, 7th Cir.).

Extra Information:

IdentityTheft.gov – Federal Trade Commission resource for identity theft victims, including steps to recover from financial impersonation.

National Consumer Law Center – Provides information on consumer rights related to identity fraud and financial impersonation.

People Also Ask:

Is false impersonation always a felony?

No, false impersonation charges range from misdemeanors to felonies depending on circumstances. Simple impersonation without financial gain or harm is often charged as a misdemeanor, while impersonating officials or committing financial fraud typically results in felony charges. State laws vary significantly – in New York, basic criminal impersonation is a class A misdemeanor, while impersonating a police officer is a class E felony.

Can you go to jail for pretending to be someone else online?

Yes, many states now have specific cyber impersonation laws that carry jail time. California’s law (Penal Code 528.5) makes online impersonation punishable by up to one year in county jail. More severe penalties apply if the online impersonation caused financial harm, included threats, or damaged someone’s reputation. In a notable 2016 case, a California woman received six months in jail for creating fake online profiles to harass her ex-boyfriend’s new partner.

What’s the difference between false impersonation and identity theft?

False impersonation is broader and includes any knowing deception by assuming another’s identity, while identity theft specifically involves using someone’s personal information for financial gain. Many states prosecute financial impersonation under identity theft statutes that carry harsher penalties. Key differences include: (1) Identity theft requires use of personal identifying information (SSN, bank details, etc.), and (2) Identity theft laws typically require proof of attempted or actual financial harm.

Can false impersonation charges be expunged?

Expungement eligibility depends on state laws and case outcomes. Many states allow expungement of misdemeanor impersonation convictions after completing probation and remaining crime-free for a set period (typically 3-5 years). Felony convictions are harder to expunge, though some states offer relief through certificates of rehabilitation. Diversion programs that result in dismissed charges usually qualify for immediate expungement. An experienced attorney can advise on options specific to your jurisdiction and case.

What should I do if someone is falsely impersonating me?

If you’re a victim of impersonation: (1) Document all evidence (screenshots, messages, financial records), (2) File police reports with relevant jurisdictions, (3) Place fraud alerts with credit bureaus if financial information was compromised, (4) Consult an attorney about civil remedies, and (5) Report online impersonation to the relevant platforms. For financial identity theft, immediately contact affected banks and credit card companies. The FTC’s IdentityTheft.gov provides step-by-step recovery plans.

Expert Opinion:

“False impersonation cases require particularly nuanced defense strategies because intent is often the deciding factor. An experienced criminal defense attorney can frequently demonstrate that what appears to be criminal impersonation was actually a misunderstanding, joke, or case of mistaken identity. Early intervention is crucial – we’ve seen many cases where prompt attorney involvement prevented charges from being filed at all.” – Michael Chen, Criminal Defense Attorney

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