Other Criminal Charges & Offenses Attempted false impersonation 529(a)3

[Jdogjdog]

Jurisdiction

California

Can an attempt charge be brought in California against a 529a3. If there is an attempt against 529a, and the impersonation is intercepted, how does one attempt to commit any other act in that assumed character. Also, how does a 664(a) Attempt charge attach to the first act of 529a impersonation, when there is no violation until another act occurs creating liability or a benefit. Penalty provision not triggered until (b) is invoked. No appellant case sites.

 

[army judge]

Can an attempt charge be brought in California against a 529a3.

Yes.


2044.False Personation (Pen. Code, §§ 529(a), 530)

The defendant is charged [in Count ] with falsely impersonating another person in that person's private or official capacity and performing certain acts [in violation of Penal Code section (529(a)/530)].

To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant falsely impersonated another person in the other person's private or official capacity; AND
2. While falsely impersonating that person, the defendant:[2A. Posted bail or acted as surety for anyone in any proceeding,before any judge or officer authorized to take that bail or surety(;/.)][or]

[2B. Verified, published, acknowledged, or proved, in the name of that person, any written document; AND

[2C. When the defendant did so, (he/she) intended that the written document be recorded, delivered, or used as though it were an authentic document(./] [or]

[2D. Did anything that, if done by the person being falsely impersonated, might cause (that person to be liable in a law suit or criminal prosecution/ [or] that person to pay any amount of money/ [or] that person to be subject to any charge, forfeiture,or penalty/ [or] the defendant or anyone else to receive a benefit as a result).<Use the following paragraphs for violations of Penal Code section 530>

[2E. Received money or property;

2F. The defendant knew that the money or property was intended to be delivered to the person that (he/she) was falsely impersonating;

2G. The money or property was worth (more than $950/$950 or less);

2H. When the defendant acted, (he/she) intended to deprive the true owner of the money or property, or use it for (his/her) own benefit, or let someone else use it.]

If this charge has been lodged against YOU (or someone YOU know), it is suggested that you REMAIN SILENT and "lawyer up"!!!

IF ANY criminal charge gets lodged against you, SHUT UP, LAWYER UP, and wait!!!!

 

[Jdogjdog]

Yes.


2044.False Personation (Pen. Code, §§ 529(a), 530)

The defendant is charged [in Count ] with falsely impersonating another person in that person's private or official capacity and performing certain acts [in violation of Penal Code section (529(a)/530)].

To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant falsely impersonated another person in the other person's private or official capacity; AND
2. While falsely impersonating that person, the defendant:[2A. Posted bail or acted as surety for anyone in any proceeding,before any judge or officer authorized to take that bail or surety(;/.)][or]

[2B. Verified, published, acknowledged, or proved, in the name of that person, any written document; AND

[2C. When the defendant did so, (he/she) intended that the written document be recorded, delivered, or used as though it were an authentic document(./] [or]

[2D. Did anything that, if done by the person being falsely impersonated, might cause (that person to be liable in a law suit or criminal prosecution/ [or] that person to pay any amount of money/ [or] that person to be subject to any charge, forfeiture,or penalty/ [or] the defendant or anyone else to receive a benefit as a result).<Use the following paragraphs for violations of Penal Code section 530>

[2E. Received money or property;

2F. The defendant knew that the money or property was intended to be delivered to the person that (he/she) was falsely impersonating;

2G. The money or property was worth (more than $950/$950 or less);

2H. When the defendant acted, (he/she) intended to deprive the true owner of the money or property, or use it for (his/her) own benefit, or let someone else use it.]

If this charge has been lodged against YOU (or someone YOU know), it is suggested that you REMAIN SILENT and "lawyer up"!!!

IF ANY criminal charge gets lodged against you, SHUT UP, LAWYER UP, and wait!!!!

There are no attempted false impersonation appellant cases in the country

 

[army judge]

There are no attempted false impersonation appellant cases in the country

There are thousands of cases that have been appealed by people charged with "false impersonation" (or it's other derivatives) in CA and all across this nation.


I have no idea what your response was intended to communicate.

Perhaps you wish to clarify your thoughts?

 

[Jdogjdog]

There are thousands of cases that have been appealed by people charged with "false impersonation" (or it's other derivatives) in CA and all across this nation.


I have no idea what your response was intended to communicate.

Perhaps you wish to clarify your thoughts?

Yes there are appellant cases for false impersonation 529(a)3 case sites. But there are no appellant cases for a 664(a)/529(a)3(b) Attempted False Impersonation case sites.

 

[zddoodah]

Can an attempt charge be brought in California against a 529a3.

I think what you have inartfully asked is whether a district attorney may properly bring charges for attempted impersonation under California Penal Code section 529(a)(3). If so, I can't see any reason why not.

If there is an attempt against 529a, and the impersonation is intercepted, how does one attempt to commit any other act in that assumed character.

Are you asking us to come up with hypothetical scenarios that might give rise to such a prosecution? I can't imagine of what value that might be.

Also, how does a 664(a) Attempt charge attach to the first act of 529a impersonation, when there is no violation until another act occurs creating liability or a benefit.

Huh?

It might be helpful if you explained what it is that has caused you to make this inquiry. If you're asking about a specific case, then specific facts would be helpful (unless charges have been filed against you, in which case you should not post publicly about it and, instead, should be discussing with your attorney).

there are no appellant cases for a 664(a)/529(a)3(b) Attempted False Impersonation case sites.

OK. So?

 

[army judge]

Yes there are appellant cases for false impersonation 529(a)3 case sites. But there are no appellant cases for a 664(a)/529(a)3(b) Attempted False Impersonation case sites.

Are you attempting to become your own appellate lawyer pursuant to a conviction in CA relative to a "attempted false impersonation" charge?

If that is your intent, I suggest you abandon it ASAP, as it is doomed to failure.

You'll expend an immense amount of time and effort only to reap defeat.

Criminal appellate work is successful less than 5% of the time, and only if done by clever, experienced attorneys.

As regards appellate cases regarding "attempted impersonation" versus "impersonation" cases, it doesn't matter.

If you possess appellate issues, the precise charge is irrelevant.

Misconceptions abound that criminal cases are always appealed.

Very seldom does a convicted defendant possess an automatic right of appeal.

That is NOT to say one cannot appeal, but one should appeal if there is a likelihood of having that conviction overturned.

There must be a legal basis for any appeal, as in alleged material error in the trial, not just the fact that the convicted defendant doesn't like the guilty verdict.


Criminal defendants have a better, simpler safeguard.

After exhausting all appellate rights on the state level, a defendant is free to file for THE GREAT WRIT, habeas corpus, before the federal courts (and superior state courts) in an attempt to show that her/his constitutional rights were violated.

 

[flyingron]

The California Penal Code 664 makes an attempt to commit anything that is a crime, a crime itself

 

[Jdogjdog]

Are you attempting to become your own appellate lawyer pursuant to a conviction in CA relative to a "attempted false impersonation" charge?

If that is your intent, I suggest you abandon it ASAP, as it is doomed to failure.

You'll expend an immense amount of time and effort only to reap defeat.

Criminal appellate work is successful less than 5% of the time, and only if done by clever, experienced attorneys.

As regards appellate cases regarding "attempted impersonation" versus "impersonation" cases, it doesn't matter.

If you possess appellate issues, the precise charge is irrelevant.

Misconceptions abound that criminal cases are always appealed.

Very seldom does a convicted defendant possess an automatic right of appeal.

That is NOT to say one cannot appeal, but one should appeal if there is a likelihood of having that conviction overturned.

There must be a legal basis for any appeal, as in alleged material error in the trial, not just the fact that the convicted defendant doesn't like the guilty verdict.


Criminal defendants have a better, simpler safeguard.

After exhausting all appellate rights on the state level, a defendant is free to file for THE GREAT WRIT, habeas corpus, before the federal courts (and superior state courts) in an attempt to show that her/his constitutional rights were violated.

Let's assume the driver had a legal stop, let's assume the driver is considered a person according to the statue. Let's say the driver gave a false name of his brother, received a speeding ticket and signed his brothers name to it. Ok everyone agrees he is culpable to the 529 a3b charge of false personage. Now let's assume the officer handed him the ticket and the pen ran out of ink. That would be attempted false impersonation resulting in a liability his brother?

How about he pretended to be his brother and the officer said " your lying" your Adolph hitler. How would that motorist be liable for ticket, he never received, never attempted to sign, with or without ink? How about the cop never gave hitler the ticket. Is that attempted false impersonation resulting to a benefit to or a liability against?

How about an attempted false impersonation is a 148.9

 

[justblue]

Let's assume the driver had a legal stop, let's assume the driver is considered a person according to the statue. Let's say the driver gave a false name of his brother, received a speeding ticket and signed his brothers name to it. Ok everyone agrees he is culpable to the 529 a3b charge of false personage. Now let's assume the officer handed him the ticket and the pen ran out of ink. That would be attempted false impersonation resulting in a liability his brother?

How about he pretended to be his brother and the officer said " your lying" your Adolph hitler. How would that motorist be liable for ticket, he never received, never attempted to sign, with or without ink? How about the cop never gave hitler the ticket. Is that attempted false impersonation resulting to a benefit to or a liability against?

How about an attempted false impersonation is a 148.9

We don't do hypotheticals...So how about you just write out what is going on.

 

[army judge]

Let's assume the driver had a legal stop, let's assume the driver is considered a person according to the statue. Let's say the driver gave a false name of his brother, received a speeding ticket and signed his brothers name to it. Ok everyone agrees he is culpable to the 529 a3b charge of false personage. Now let's assume the officer handed him the ticket and the pen ran out of ink.

Let's presume if anyone attempted to do what you describe above, she/he will probably be found guilty of something.

Bear this in mind, a charge can be amended.

If it can't be amended, the case can be dismissed and new charge lodged.

Ronnie Milsap sang about it back in the day:

That would be attempted false impersonation resulting in a liability his brother?

Your question appears to be a declarative, not an interrogative.

Perhaps if you rephrase it, someone can answer a question for you.

 

[Zigner]

Now let's assume the officer handed him the ticket and the pen ran out of ink. That would be attempted false impersonation resulting in a liability his brother?

Who cares if the pen ran out of ink? The signature has nothing to do with the charge itself, rather, it's an acknowledgement of receipt of the charging document and/or a promise to appear. Once you made the utterance, you can be charged. (This applies to both scenarios.)

 

[mightymoose]

I am not sure how one could attempt to impersonate. You either do it or you do not. There is no gray area here, and likely no way to prove any attempt.

 

[flyingron]

I am not sure how one could attempt to impersonate. You either do it or you do not. There is no gray area here, and likely no way to prove any attempt.

Yes, there is, if you read the actual statute (529 PC). Pretending to be another person is not sufficient for the crime. You have while adopting that peronation, commit one of the listed acts. Those are the ones you may attempt but perhaps not succeed at.

 

[Jdogjdog]

We don't do hypotheticals...So how about you just write out what is going on.

The arrest was for a 40302A, plus a traffic ticket. Traffic ticket was never presented for signing. Previous 529 a3 cases have been for signing the ticket as an agreement to appear in the impersonated name. Getting bailed under the impersonated name. Giving voluntary prints under the accused name.
Any furtherance, such as middle name, ss#, birth certificate was deemed a furtherance if the original impersonation.

All booking procedures were denied by defendant. Prints were taken against will at 42 hrs detention. At 48 hr magistrate hearing da asked for court order to take prints and no bail order. Defendant stated prints were already taken, prints were not retaken.

Officer filed a 529a3 and misdemeanor 40302a, but prosecutor instead filed felony complaint of 664/529a3 attempted false impersonation. Held 16 days no bail released OR.

 

[flyingron]

He needs an attorney. It's serious. Understand the officer only presents his findings to the DA. It's the DA that brings the case for the state. Even a misd. 529 is serious, a felony even more so.
On the face, he's committed the crime. A lawyer however will look at the facts and the state's case against him.

 

[Jdogjdog]

Yes, there is, if you read the actual statute (529 PC). Pretending to be another person is not sufficient for the crime. You have while adopting that peronation, commit one of the listed acts. Those are the ones you may attempt but perhaps not succeed at.

Those additional acts, were general intent and now specific intent if an attempt charge is brought.

We don't do hypotheticals...So how about you just write out what is going on.

Attempt charge must be brought against 529 (a) first and then against 529 (3). You cannot bring an attempt charge against a non criminal act in 529(a). former 529 was rewritten in 2011 to prevent any attempt charges

 

[Jdogjdog]

The California Penal Code 664 makes an attempt to commit anything that is a crime, a crime itself

Penal code 664 makes an attempt to commit a non-crime a non-crime in the first act of 529(a)

 

[flyingron]

Penal code 664 makes an attempt to commit a non-crime a non-crime in the first act of 529(a)

Eh? Everything in 529(a) is a crime.

 

[army judge]

Attempt charge must be brought against 529 (a) first and then against 529 (3). You cannot bring an attempt charge against a non criminal act in 529(a). former 529 was rewritten in 2011 to prevent any attempt charges

California Penal Code 21(a) PC prohibits all attempts to commit a crime, other than attempted murder (covered by PC 664 and PC 187).

Attempted robbery, drug distribution, burglary, battery, theft or rape, are some common examples of attempt crimes you could be charged with under PC 21(a).

Any attempt to commit a crime is any act that can be classified as a "direct step" towards commission of the crime.

What if Leroy Brown pretended to be his brother, Willie Brown, when he was stopped for driving erratically?

Yet, Leroy's fingerprints would prove that he's not Willie, wouldn't they?

Hmm, maybe that is considered an attempt to impersonate his brother.

Preparing to commit a crime is not an attempt to commit a crime, but could be considered as conspiracy.

One need not have been successful in committing the intended crime under PC 21(a).

Rather by law, the attempt to commit the crime is considered a crime in and of itself.

Criminal attempt is punished as one half the sentence of the completed crime.


Attempt Crimes – California Penal Code 21(a) PC | WK Law


Penal Code 664 PC - Attempted Crimes in California