California Penal Code 529 prohibits the use of another person's name or identity to harm them or unlawfully gain an advantage. This law, often referred to as 'false personation,' strictly prohibits impersonating someone else for personal gain.

PC 529 covers actions that can lead the victim to face severe criminal or civil liability or result in the victim having to pay substantial monetary amounts. A typical example is when police stop you on suspicion of DUI. After being arrested, you inform them that you lack identification and provide your friend's name.

Another example involves opening a new credit card account in someone else's name and making purchases on it. To be charged under Penal Code 529 PC, you must perform an additional act after falsely impersonating someone, such as committing forgery.

PC 529 false personation is considered a California 'wobbler' offense, a term used to describe crimes that can be charged as either a misdemeanor or a felony. The decision on how to charge is at the prosecutor's discretion, based on the specific circumstances and the defendant's criminal history.

What does PC 529 Say? 

In the state of California, Penal Code 529 PC defines false impersonation as "Any person who falsely personates someone in either their private or official capacity, and in the assumed character, they commit any of the following acts (1) becomes bail or surety for a party in a proceeding before court; (2) verifies, publishes, or acknowledges the name of someone else with intent it is used as true; (3) does any act where the victim might become liable to a suit or prosecution, or pay money, charge, forfeiture, or penalty, or where you might benefit from personating the other person."

To be convicted of violating Penal Code 529, false personation, the prosecutor must prove several key elements beyond a reasonable doubt. These elements, often referred to as the "elements of the crime," are outlined in CALCRIM 2044 California Criminal Jury Instructions.

• The defendant falsely claimed to be someone else, either publicly or privately.
• While engaging in false impersonation, the defendant also performed another act that either caused harm to the victim or provided some advantage to the defendant.

Additionally, falsely impersonating someone occurs when you do so with the clear intention of deceiving another individual.

What is Performed an Additional Act? 

The phrase "performed an additional act" is essential for a prosecutor to establish a defendant's guilt. Essentially, it requires demonstrating more than merely identifying oneself as another individual or presenting evidence that asserts such identity.

This aspect of the crime under PC 529, false personation, is met if the defendant acts as a bailer in court under another person's name, issues a written document bearing someone else's name, incurs a financial obligation on behalf of the victim, or secures a benefit for themselves. Other examples of 'additional acts' could include using the victim's name to obtain a loan or signing a contract in their name.

Suppose a man is caught shoplifting and is taken to the police station. During the booking process, he provides the police with his friend's name and signs the paperwork. After he is released and misses his court date, the police arrest his friend due to an existing bench warrant.

In this example, the man who was arrested for shoplifting committed an "additional act" when he signed the booking paperwork at the police station.

What Penalties Might One Face if Convicted?

California Penal Code 529 PC is classified as a "wobbler" crime, meaning it can be charged as either a misdemeanor or a felony. The prosecutor typically determines how to file the case based on the specific circumstances and the defendant's criminal history.

If convicted of PC 529 as a misdemeanor, the penalties can include:

• imprisonment in a county jail for up to one year,
• a maximum fine of $10,000,
• summary probation.

If convicted of PC 529 as a felony, the penalties include:

• imprisonment in a county jail for as long as three years
• a fine of up to $10,000,
• formal probation.

A felony conviction under this law may affect your rights to own or possess a firearm in California. This is because felony convictions often result in the loss of certain civil rights, including the right to bear arms. It's essential to comprehend the potential long-term implications of a felony conviction under PC 529.

What are the Crimes Related?

Several other crimes in California are similar to Penal Code 529 PC for false impersonation, including:

• Penal Code 530.5 PC - identity theft,
• Penal Code 532 PC - theft by false pretenses,
• Penal Code 148 PC - resisting arrest,
• Penal Code 148.9 PC - false identification to police,
• Penal Code 538d PC - impersonating a police officer
• Vehicle Code 31 VC - false information to a police officer

Defenses Against False Impersonation Charges

If you face accusations of violating Penal Code 529 regarding false impersonation, our California criminal defense attorneys can employ various strategies to help resolve your case positively, such as:

• There was no other act - Recall from the elements of the crime above that a prosecutor must prove there was an additional act beyond the false identification of themselves. This means a separate and distinct act. We might be able to challenge the charges by demonstrating that the required additional act was not committed, which would mean the defendant cannot be guilty under this statute.
• There was no liability or benefit - Recall the key element of the crime mentioned earlier: the defendant's actions either created liability for the impersonated person or provided a benefit to the defendant. We might argue that the evidence does not meet the standard of proof beyond a reasonable doubt. Perhaps we can demonstrate that, although the defendant used a different name, no further consequences resulted.
• False allegation - We might argue that the arrest and charges of PC 529 false impersonation are unfounded. Perhaps someone falsely accused you of this crime to conceal their own guilt.

We have a proven track record of successfully defending clients against various white collar crimes, including false personation. The Hedding Law Firm, a beacon of legal expertise, has offices in Los Angeles County, CA. Contact us today to schedule an initial consultation and discuss your case.