The law on the crime of false personation is found at California penal code section 529.

 

The following information covers the law, penalties, and common defenses related to Penal Code 529.

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What is False Personation?

 

False personation is a legal term that essentially means to pretend to be someone else to harm the person whose identity is impersonated or to gain a benefit for the person who impersonates (pretends to be someone else).

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To prove that the defendant is guilty of PC 529, the district attorney must prove:

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• The defendant assumed the identity of another person, and

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• When the defendant assumed the identity of another person, he or she did so to defraud someone or some entity (Calcrim 2044)

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For example, it is false personation to apply for credit under another person name without the other person's permission. Incidentally, this could also be charged as identify theft (PC 530.5), credit card fraud (PC 484e), and more.

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Note: Whether or not the defendant is actually able to benefit from his or her false personation is not important to the crime. it is a crime if the defendant attempted to harm the person impersonated or attempted to benefit from his or her impersonation of another person.

 

Also, if the defendant is able to defraud a victim from false presenting himself or herself as someone else, then he or she may be charged with additional theft type crimes.

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Sentence for PC 529

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Jail Sentence: PC 529 may be charged as a misdemeanor or as a felony.

 

When PC 529 is charged as a misdemeanor the defendant may face up to one year in the county jail. When PC 529 is charged as a felony the defendant may face up to three years in the county jail (PC 1170(h)).

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Probation Sentence: if convicted of false personation under PC 529, the defendant may be allowed to serve his or her sentence on probation (as opposed to be ordered to jail).

 

Probation sentences for felony conviction is called formal probation, which is monitored by a probation officer. Probation sentences for misdemeanor convictions is called informal or summary probation, which is monitored by the court.

 

Whether or not the defendant will be granted a probation sentence after a conviction for false personation depends on the facts of the case and the defendant's criminal history (among other factors).

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PC 1170(h) Sentence: If the defendant is convicted of PC 529 and he or she was not granted probation, then the defendant may serve his jail time in a local county jail as opposed to a state prison.

 

In addition, with court permission, the defendant might be able to serve some part of his jail sentence on house arrest or work release (as opposed to serving the while sentence in jail).

 

Also, in some cases of PC 529, it might be possible to have the defendant's jail sentence suspended, which means the defendant does not have to serve the jail sentence unless he or she violates some condition of his or her out of custody sentence.

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CIMT: PC 529 is considered a crime involving moral turpitude. This means that the crime involves deceit or is otherwise consider immoral. Crimes involving moral turpitude can lead to addition harsh consequences for non-United States citizens as those convicted person may be deported or denied reentry into the United States upon a conviction for PC 529.

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Additionally, crimes involving moral turpitude, including false personation crimes, may lead to adverse consequences for professional licensing. For more information, see CIMT.

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Serious & Violent Felony Issues: False personation is not a crime that is considered a serious or violent felony as those terms are defined in California's Three Strikes Sentencing Law. Nevertheless, subsequent felony convictions after a PC 529 false personation conviction can lead to penalty enhancements, including longer incarceration times.

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Good Conduct Credits: Jail sentences associated with PC 529 convictions may be served at half time (50%), so long as the accused earns good behavior credits while in jail.

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Bail: The scheduled bail amount for false personation charges in San Bernardino County is $50,000 for felony PC 529 and $5,000 for misdemeanor PC 529.

 

Note: It might be possible to have the defendant's bail decreased at the defendant's initial court hearing (arraignment) or at some subsequent bail reduction hearing.

 

Release without the need for bail (Own Recognizance Release or OR) may also be possible depending on the defendant's ability afford bail, the defendant's danger to the community upon any release from custody, the defendant's risk of flight (fleeing after released from custody), and other factors.

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Collateral Consequences

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In addition to the possibility of any jail, if found guilty of PC 529, the defendant may face the following penalties: fines up to $10,000 (PC 529(b)). Harsh probation or parole terms, restraining orders (CPO), restitution or civil lawsuits, prohibition from owning firearms (for felony false personation), denial of entry into the armed services (military), and more.

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Defenses to PC 529

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Common defenses to false personation charges include insufficient evidence, insanity, police misconduct that leads to a suppression of physical or oral evidence (i.e., Miranda Violations), entrapment, and coerced confessions.

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Note: The statute of limitations for false personation charged under PC 529 is three years from the date of alleged violations. This is true whether or not the PC 529 violation is charged either as a misdemeanor, or alternatively as a felony.

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PC 17(b) Options: A felony false personation charge may be reduced to a misdemeanor through a reclassification motion known as a 17(b) motion [From the name of the penal code section that describes the process].

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A successful PC 17(b) motion to reduce a felony PC 529 charge to a misdemeanor PC 529 is not a true defense in the sense that the defendant's case is dismissed, or he is found not guilty.

 

Nevertheless, the reduction of a felony to a misdemeanor allows the defendant to face less serious consequences, and maybe more importantly, a misdemeanor false personation charge might qualify for diversion (See Below).

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Diversion: Misdemeanor PC 529 charges are eligible for diversion under several diversion options, depending on the defendant's circumstances. Diversion in misdemeanor false personation cases leads to a dismissal of the defendant's penal code 529 charges without ever having the defendant suffer a criminal conviction.

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For more information, see Judicial Diversion, Military Diversion, District Attorney Diversion, and Mental Health Diversion.

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If you are charged with the crime of false personation, or penal code 529, contact our criminal defense lawyers today.

 

There is no charge for a consultation and our experienced and successful attorneys are available seven days a week to assist you. Call today!

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909-913-3138

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