Long Island's Premier Criminal & DWI Defense Law Firm
Long Island False Personation Lawyer (PL 190.23, 190.25)
False personation (PL 190.23) is a class B misdemeanor in New York: giving a police officer a false name, date of birth or address after being warned of the consequences. Criminal impersonation in the second degree (PL 190.25), pretending to be someone else to gain a benefit or to injure or defraud someone, is a class A misdemeanor. These charges are often added during a traffic stop or arrest for something else, such as a suspended license or an open warrant. Richard Hochhauser is a former Nassau County prosecutor who defends these cases in the Suffolk County First District Court in Central Islip and the Nassau County First District Court in Hempstead.
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We answer calls after an arrest
Former
Nassau County prosecutor
Charged with false personation on Long Island?
Call before your first court date. We answer 24/7, and the first consultation is free, in person, by video call or by phone call.
False personation arrests on Long Island
We reviewed two years of arraignment records from the Nassau County and Suffolk County district courts. Nearly 40 people were charged with false personation or criminal impersonation in the second degree, about two-thirds of them in Suffolk County.
What the prosecution must prove for false personation
- You were told the consequences. A police or peace officer informed you of the consequences of giving false information.
- You then knowingly gave a false name, date of birth or address to the officer.
- You intended to keep the officer from learning your real name, date of birth or address.
The warning matters. The law requires that you were first told the consequences of giving false information. If the officer never warned you, the charge may not hold, and we look closely at body camera footage and the police report for that step.
False personation vs. criminal impersonation vs. identity theft
| Charge | What it covers | Level and maximum sentence |
|---|---|---|
| False personation (PL 190.23) | Giving police a false name, date of birth or address after being warned | Class B misdemeanor: up to 3 months in jail |
| Criminal impersonation, 2nd degree (PL 190.25) | Pretending to be another person, including online, or falsely posing as a public servant or as representing an organization, to get a benefit or to injure or defraud someone | Class A misdemeanor: up to 364 days in jail |
| Criminal impersonation, 1st degree (PL 190.26) | Impersonating a police officer while committing a felony, or posing as a doctor to phone in a prescription | Class E felony: up to 4 years in prison |
| Identity theft, 3rd degree (PL 190.78) | Assuming someone’s identity with intent to defraud, and using it to obtain money, goods, services or credit, or to commit a crime | Class A misdemeanor. Higher degrees are felonies. |
Defenses and strategy
Warning
No warning was given
If the officer didn’t first explain the consequences of giving false information, an element of false personation is missing.
Knowledge
A mistake, not a lie
Nicknames, a former address, a hyphenated or foreign name, or a mistaken date are not the same as knowingly giving false information to hide your identity.
Intent
No intent to defraud
Criminal impersonation requires intent to obtain a benefit or to injure or defraud someone. A joke, a prank account or a misunderstanding may not qualify.
Strategy
Resolve the underlying issue
These charges often come with a suspended license or an old warrant. Clearing those up at the same time often opens the door to a better outcome.
Related charges we handle: driving with a suspended license (VTL 511) · obstructing governmental administration (PL 195.05).
Recent false personation result
ACD
False personation
Our client completed 14 hours of community service, and the case ended in an ACD: dismissed and sealed.
More results: our successful cases.
Prior results do not guarantee a similar outcome.
False personation: frequently asked questions
Is giving a fake name to the police a crime in New York?
Yes. Under PL 190.23, false personation, it is a class B misdemeanor to knowingly give a police officer a false name, date of birth or address after being told the consequences, with intent to keep the officer from learning your real information.
What if the police never warned me about giving false information?
A warning is an element of false personation. The officer must first inform you of the consequences of giving false information. Without that warning, the charge may not hold.
What is the difference between false personation and criminal impersonation?
False personation is giving false identifying information to police. Criminal impersonation in the second degree is pretending to be someone else, including online, to gain a benefit or to injure or defraud someone. It is a class A misdemeanor.
Is pretending to be someone else online a crime?
It can be. Impersonating another person through the internet or electronic messages, with intent to obtain a benefit or to injure or defraud someone, is criminal impersonation in the second degree under PL 190.25(4).
Can a false personation charge be dismissed?
Often, yes. Many cases can be dismissed or resolved with an ACD, sometimes after a short program or community service, especially for people with little or no record.
How much does a lawyer for this charge cost on Long Island?
We charge a flat fee, quoted after your free consultation.
Talk to a former prosecutor today
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Our Offices
Garden City Office
1225 Franklin Ave #325
Garden City, NY 11530
Phone: (516) 939-1529
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During what was one of the scariest times of my life, he gave me all of the knowledge and support possible to help me get through it. Not only did I end up getting a great outcome for my case, but Richard helped make it a very smooth process and was always there when I had...
Mr. Hochausser worked hard on my behalf.. so hard that he achieved what seemed impossible. He always communicated with me honestly and earnestly, which is rare in any profession these days. He was prepared and forthright every step of the way. I hope to never need his services...
Best Criminal Attorney in New York. Richard explains each detail slowly and carefully so it’s easily understood. He handles each case as if it’s the most important. Highly recommend!
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Mr. Hochhauser was incredible. I was consulted immediately after the first call. Richard was easy to keep in touch with and would answer all of my emails, phone calls, and even texts regarding my concerns. Guided me through the whole process, made sure I understood everything...
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