What Is False Personation?

Imitation may be the sincerest form of flattery, but false personation can be a crime in California. Also known as false impersonation, a conviction requires more than merely imitating another individual. Instead, you must either try to harm them or their reputation or gain an unfair advantage for yourself. Prosecutors can bring a false personation charge as either a misdemeanor or a felony.

When Can False Personation be a Crime?

There are many parallels between the crime of false personation and identity theft. However, they are not the same offense, despite their overlap.

For a California prosecutor to convict you of false personation, they must prove that you:

• Falsely impersonated another individual, whether in that person’s public or private capacity; and,
• Took some other action that either created liability for the person you were impersonating or created a benefit for yourself.

For example, if you provide police with your neighbor’s name when they ask for yours, you may commit false personation if your neighbor is subsequently arrested. But you can also commit false personation if you pretend to be a celebrity to get into a nightclub. That benefits you because you are not a celebrity and likely would not have been able to get into the club without their clout.

Examples of False Personation Crimes

California law includes numerous examples of false crimes. You cannot show up in court and give someone else’s name as bail or surety. That would mean the person you were impersonating would be on the hook if the accused then jumped bail. Because you expose that other individual to criminal liability, you have committed a crime.

Likewise, you cannot pretend to be someone else to access their bank accounts. While you likely committed additional crimes if you take or transfer any of their money, merely falsely presenting yourself to bank employees as the other person can be false personation.

Another possible example of false personation could occur if you offer to pay another person money while pretending to be someone else. For example, if you look a lot like your sibling and someone misidentifies you, you cannot commit to giving them $500. In this case, your false personation of your brother or sister would give rise to them having to pay money.

Penalties for False Personation in California

A charge for false personation is a wobbler in California, meaning that prosecutors can choose to charge you with either a misdemeanor or a felony. The level of charge you face will depend on your personal criminal history as well as the facts of your case.

As a misdemeanor, the maximum penalties for false personation include:

• Up to one year spent in the country jail; and,
• A $10,000 fine.

However, as a felony, you face top punishments of:

• Three years in county jail; and,
• A $10,000 fine.

At either the felony or misdemeanor level, a judge can order you to serve probation for false personation convictions. Whether summary or felony, probation can be ordered instead of sending you to jail for the entire length of your sentence.

Have you been charged with false personation in Los Angeles, California? Chambers Law Firm and our skilled team of criminal defense attorneys can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a no-obligation initial case consultation.