Description

A person may be charged with False Personation if they falsely personate another in either his or her private or official capacity, including to become bail or surety or any proceeding before any court or officer, or verify, publish, acknowledge or prove any written instrument in the name of another, or to pay any sum of money or to incur any charge or penalty or forfeiture, whereby any benefit might accrue to the party personating.

What does the prosecutor have to prove?

1. Defendant falsely personated another in either a private or official capacity.
2. Defendant became bail or surety for a party in any proceeding whatever before any court or officer authorized to take such bail or surety. or
2. Defendant verified, published, acknowledged, or proved, in the name of another person, a written instrument with intent that the same would be recorded, delivered, or used as true. or
2. Defendant did an act whereby the person falsely personated might, in any event, become liable to a suit or prosecution, or to pay a sum of money, or to incur a charge, forfeiture, or penalty, or whereby a benefit might accrue to Defendant or to another person.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No