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New York Criminal Personation And False Personation
By Spodek Law Group |
February 13, 2023
Last Updated on: 28th July 2023, 07:21 pm
Understanding False Personation in New York: A Closer Look at Penal Law 190.23
False personation is a crime that is unique in the New York Penal Law. Unlike identity theft or identity fraud, where a person is arrested for using someone else’s identity to secure a service or property, false personation has a different foundation. This crime is better examined and explained by your criminal defense lawyer. However, a quick reading of Penal Law 190.23 still provides a clear understanding of the statute.
What is False Personation According to Penal Law 190.23?
According to Penal Law 190.23, you are guilty of false personation if, after being advised of the consequences of giving false information to a police officer or detective regarding your actual date of birth, name, and address, you fail to provide accurate and honest answers to law enforcement. In doing so, you must also have the intent to prevent the police officer or peace officer from ascertaining the correct information.
The Consequences of False Personation
A class “B” misdemeanor, the punishment for a false personation conviction does not waiver whether you have aggravated the police to the point that they “sit” on you all day before depositing you in central booking or a local jail until you see a judge or they cut you lose after a few hours with a Desk Appearance Ticket. In either scenario, a conviction for Penal Law 190.23 is not merely career crushing, professional license compromising, and immigration status damaging, but even without a prior criminal record, a judge can sentence you to as much as ninety days in jail. Assuming that incarceration is on the high end of the spectrum of penalties, the district attorney can seek, and a criminal court judge can grant, one year probation, community service, or a possible fine.
Defending Against False Personation Charges
False personation is by no means the most drastic or feared crime in the New York Penal Law, but it is no less a criminal offense. When it comes to criminal records, a conviction is a conviction. Complicating matters, Penal Law 190.23 stems from the facts or allegation that, despite being warned and advised of the importance of being honest, you lied to the police. The negative perception of and against this crime is significant.
If you are facing charges for false personation, you may have a real defense because the police did not have the authority or ability to question you or demand your personal information. However, if you do not take the steps to protect yourself as soon as the arrest process starts or you are able, the more difficult it will be for your attorney to exonerate you or limit your criminal exposure.
Protecting Your Rights
Whether or not you made a mistake, were angry, or had no interest in cooperating with a police inquiry, you have rights and defenses. It is crucial to think rationally and calmly, and with knowledge, experience, and advocacy, the right attorney can remedy the unenviable situation you find yourself in. At Spodek Law Group, our criminal defense lawyers are ready to defend you in your time of need. Our experienced and skilled attorney, Todd Spodek, is a former Manhattan Assistant District Attorney who can provide you with the right representation to protect your rights and defend you against false personation charges.
Understanding New York Criminal Law
The New York Penal Law criminalizes false advertising, which occurs when an individual knowingly publishes an advertisement that contains misleading information with the intent of promoting the sale or increasing the consumption of a product or service. False advertising is a serious crime that is punishable as a class A misdemeanor.
False Personation
False personation is another criminal offense under New York law. It involves knowingly misrepresenting one’s name, date of birth, or address to a police officer or peace officer with the intent of preventing them from discovering that information. False personation is a class B misdemeanor.
Criminal Impersonation
Criminal impersonation is a serious crime that comes in two degrees. The first degree is a class E felony, while the second degree is a class A misdemeanor.
Criminal impersonation in the second degree involves three possible actions. First, it occurs when someone impersonates another person with the intent to defraud or injure someone else. Second, it occurs when someone pretends to be a representative of a person or organization with the intent to defraud or injure someone else. Finally, it occurs when someone pretends to be a public servant, wears a uniform without authority, or falsely claims to be a public servant to induce someone else to submit to that pretended authority.
Criminal impersonation in the first degree occurs when someone pretends to be a police officer or a federal law enforcement officer and commits or attempts to commit a felony while in that pretended official capacity. It is also criminal impersonation in the first degree when someone pretends to be a licensed physician or other authorized person to issue a prescription, which is required by law.
Criminal Sale of a Police Uniform
It is a class A misdemeanor for anyone to sell or offer to sell a police uniform to another person without a valid photo identification card, showing the purchaser to be a member of the police department that has authorized the uniform.
Unlawfully Concealing a Will
Unlawfully concealing a will is a class E felony that occurs when someone intentionally conceals, suppresses, mutilates, or destroys a will, codicil, or other testamentary instrument to defraud another person.
Misconduct by Corporate Official
Misconduct by a corporate official is a class B misdemeanor. It occurs when a director of a stock corporation knowingly concurs in any vote or act of the directors, intending to make a dividend or to pay out any capital stock of the corporation without proper authorization.
Criminal Usury
Criminal usury in the second degree is a class E felony that occurs when someone knowingly charges or receives interest on a loan or forbearance at a rate exceeding 25% per annum or the equivalent rate.
Criminal usury in the first degree is a class C felony that occurs when a person previously convicted of criminal usury or is part of a business that makes or collects usurious loans charges or receives interest exceeding 25% per annum.
Possession of Usurious Loan Records
Possession of usurious loan records is a class A misdemeanor that occurs when someone has knowledge of the contents of any writing, paper, instrument, or article used to record criminally usurious transactions prohibited by section 190.40.
Unlawful Collection Practices
Unlawful collection practices are a class B misdemeanor that occurs when someone knowingly sends or delivers a notice, document, or other instrument that appears to be a judicial or official sanction or simulates a summons, complaint, court order or process, or an insign
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