PL 190.23 · Article 190
False Personation
False personation alleges that, after being told by a police or peace officer that it is a crime, a person knowingly gave a false name, age, date of birth or address to that officer while being lawfully detained or arrested.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- The accused was told by the officer that misrepresenting identity is a crime.
- The accused knowingly misrepresented their name, age, date of birth or address.
- The officer was seeking to issue a summons, appearance ticket or make an arrest.
Defenses that commonly apply
- No warning was given by the officer.
- The detention itself was unlawful.
- The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
- Challenging identification, witness credibility, and the reliability of statements to police.
- Suppression of evidence or statements obtained in violation of constitutional rights.
Penalties and collateral consequences
A Class B Misdemeanor carries a maximum sentence of up to 3 months and a fine of up to Up to $500 or up to twice the gain.
Every case turns on its own facts. The information on this page is general, not legal advice.
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