Are you a victim of false impersonation? When you have had someone steal your identifying information for their own benefit, your entire life can be affected. Not only could your finances be in jeopardy, but your credit score, and professional reputation could also be on the line.
For this reason, you may need help from a Florida false impersonation lawyer at Sharmin & Sharmin P.A. If we take on your case, we will work tirelessly to make sure that those who allowed your identity to be stolen are brought to justice for their actions.
When searching for a legal advocate, you have likely been inundated with results for law firms and attorneys who are all claiming to be the best. This can make it challenging to figure out which ones genuinely care about helping you get through this difficult time in your life. You should consider working with Sharmin & Sharmin P.A. when you value:
Many years of experience litigating Fair Credit Reporting Act (FCRA) lawsuits
No costs or attorney fees unless or until we win your case
The ability to have your consultation virtually
With our firm by your side, you could recover maximum compensation for your suffering and hold the culpable parties accountable. We understand how traumatizing this experience must be and how scared it can be to feel unsure of what your future holds.
Sharmin & Sharmin P.A. selectively examines each case, and will only take yours on if we believe our protection and support is what you need to go up against the liable party and win.
How Can Sharmin & Sharmin P.A. Help With False Personation?
At Sharmin & Sharmin P.A., we take false personation very seriously. We have seen firsthand how devastating false personation can be for victims. With that being said, there are many ways that we can help you get through this difficult time in your life. Some of our first steps will likely include:
Notifying any creditors and credit bureaus of fraudulent accounts or other disputes
Filing reports with law enforcement
Working to clear up errors in your credit report
Representing you in your civil claim against the credit bureaus and anyone whose negligence resulted in your identity being stolen through false personation
These are just a few of the ways that Sharman & Sharmin P.A. could help you get the most out of your false personation lawsuit. Find out more about what options are available to you based on the details of your case when you contact us to schedule a free consultation.
What Is False Personation?
False personation occurs anytime a person falsely assumes the identity of someone else for their own personal benefit or financial gain. False personation can also occur when a person assumes the identity of another in order to avoid debts or expenses. If you have been the victim of identity theft, contact a Florida identity theft attorney today.
A good example of false personation could be someone who tries to pass themselves off as someone else in order to wrongfully cash another person’s check. One person misrepresenting themselves as another person is grounds for false personation charges in the state of Florida and federally. There does not need to be any kind of change in appearance, disguise, voice alteration or other changes for a person to face criminal charges.
But you may also be able to take civil action against them, and anyone else whose negligence directly or indirectly caused your identity to be stolen through false personation.
Elements of False Personation Law
If you are being falsely impersonated, it is crucial to understand how the law qualifies these elements. Speak to a Florida false personation attorney with Sharmin & Sharmin, P.A., at your earliest convenience to have your questions answered and receive advice on how to proceed.
There are some common fraudulent practices that are listed below:
False impersonation as a way to gain property is illegal, fraudulent behavior. A person pretends to be someone else and, by assuming their name or persona, receives property meant for the person being impersonated. This property is then used for their own gain.
The person being impersonated may incur damage to their credit score or could be harmed in other manners by the person who stole their identity by taking property from them. This could mean a charge of larceny.
False personation, used for illegal gain, is illegal and carries with it stiff penalties. The person charged with the crime can face heightened consequences if they are also impersonating law enforcement. If you have been the victim of a false personation scam, contact the false personation lawyers with Sharmin & Sharmin, P.A.
Sentencing for Obtaining Property Through Falsely Impersonating Another Person
When a person is convicted of false impersonation, they owe restitution to the person they victimized according to s. 775.089. This might include the following:
Out-of-pocket costs for the person they impersonated
Service fees documented by a certified public accountant (CPA)
Costs associated with correcting credit history issues
If the impersonator incurred debts, those must be satisfied, including liens and other financial responsibilities that the defendant owes.
When sentencing occurs, the court will order that the public record be cleaned up. Removal of false information is pertinent as well as correcting all issues that arose due to the impersonation. A Florida false personation lawyer can help if you have been the victim of a scam involving someone falsely impersonating someone else.
Common Examples of False Personation
It is helpful to understand when false personation occurs. When someone is impersonated for profit or gain, it is a case of false personation. There are many common examples of this. A few are listed below:
False personation occurs when a person posts bail for someone who has been arrested using someone else’s name.
Cashing a check while pretending to be the person the check was made out to is another example of false personation.
Offering someone else’s name when involved in a traffic accident or a traffic stop is another instance of false personation.
Forging someone else’s name or posing for mugshots as someone else can be a problem after an arrest.
Obtaining a title to a piece of property by pretending to be someone else is a case of false personation.
When convicted of pretending to be someone else, the penalties are severe in Florida. A conviction can see the defendant facing second-degree felony charges. These carry $10,000 fines and up to 15 years in prison.
Do not take a chance on your future by being unprepared in court if you have been falsely impersonated. You need a false personation lawyer in Florida by your side to see that you do not have to endure the consequences of someone else’s actions. Contact Sharmin & Sharmin, P.A., today for advice on how to proceed.
Related Fraud and Personation Offenses and Violations
False personation or false impersonation of a law enforcement officer (LEO) is prohibited under Section 843.08, F.S. It is illegal to pretend to be any of the following:
Federal law enforcement officers
Florida Highway Patrol officers
Fish and Wildlife Conservation Commission officers
Department of Financial Services officers
Correctional officers employed by the Department of Corrections
Sheriffs or sheriff deputies
It is also illegal to impersonate State Attorney’s Office prosecutors and investigators. These would include the state or assistant state attorney, statewide prosecutors, as well as assistant statewide prosecutors, and state attorney investigators.
The Florida Department of Law Enforcement (FDLE) personnel or representatives are illegal to falsely impersonate too. Some other positions that are also covered by the statute are as follows:
Department of Financial Services employees such as firefighters or fire and arson investigators
Lottery investigators or special agents
Agents of Beverage Enforcement
Members or administrative aides or supervisors who work for the Florida Commission on Offender Review
Security officers or “Watchman” who are licensed under ch. 493, F.S.
Someone who falsely impersonates a person in a position listed above or aids a person in such an act can face stiff penalties. If you have been impersonated, you will want to contact Sharmin & Sharmin P.A. as soon as possible to ensure your rights are protected.
Details That Must Be Proven in a False Personation of an LEO Case
As with any criminal case, it must be proven beyond a reasonable doubt that the act of falsely impersonating a member of law enforcement took place. In Florida, when a case of false personation of an officer comes before the court, the jury is instructed that if they reach a guilty verdict and the guilty party was committing a felony at the time, they must determine whether the felony caused death or personal injury to someone else.
The Florida legislature passed SB1010 in 2015. This new legislation made it illegal to impersonate firefighters, fire, or arson investigators. The amendment prohibited the use of badges or symbols bearing “fire department” on them. Vehicles were also prohibited from being erroneously marked “fire department.”
Consequences of a Florida False Personation Conviction
The laws for false personation in Florida strongly discourage the behavior. If convicted, the punishment is typically a third-degree felony. The penalty that comes along with a third-degree felony conviction is a prison sentence of up to five years and fines of as much as $5,000.
Although a third-degree felony is the most commonly meted out charge, it can be upgraded to a second-degree felony if the false personation occurs while the person is committing another felony. The punishment for a second-degree felony carries a sentence of up to 15 years behind bars and fines of as much as $10,000.
To be charged as a first-degree felony, false personation must occur while another felony is being committed. To be elevated to a first-degree felony charge, this felony must end in the death or personal injury of another person. If convicted of a first-degree felony, one can spend up to 30 years in prison and be responsible for fines of up to $10,000.
Florida has prohibited using red, red and white, or blue lights in vehicles that are used to falsely stop other vehicles. This charge is a misdemeanor, but a jury can consider it as evidence relevant to a false personation case if used to commit the crime.
Consequences of False Impersonation in Florida
If you are a victim of false personation, you may be unprepared for how dramatically your life could be affected. Depending on the details of your case, there are any number of catastrophes that could occur after someone else has assumed your identity. Some of the more common consequences victims of false personation have to deal with include:
Credit report errors
Fraudulent lines of credit
Plummeting credit scores
Inability to access needed credit
Victims of false personation are entitled to justice. Although the criminal court system will determine whether the at-fault parties are going to be tried criminally, you may be able to take civil action against them and seek maximum compensation for your damages. The Fair Credit Reporting Act (FCRA) provides opportunities for you to hold them accountable due to FCRA violations. Contact our Florida Fair Credit Reporting Act lawyers today to find out how much you could be awarded.
What To Do if You Are a Victim of False Personation in Florida
One of the very first things you should do when you discover that your identity has been assumed by someone else is to contact an attorney. From there, we can reach out to law enforcement and file a police report so that they can attempt to pursue an investigation and/or criminal charges against the person who stole your identity.
We can also assist you in notifying credit bureaus and examining the details of your credit report thoroughly. This will help to ensure that any fraudulent accounts, or credit report errors relating to false personation can be disputed and removed.
In the event that the credit bureaus fail to do their part to correct the issues on your credit report, you may be able to file a claim against them under the FCRA. Our firm can also assist you in filing claims against the person who assumes your identity and anyone whose negligence is responsible for your identity being falsely assumed. Here, we can seek full compensation for the emotional, financial, and physical losses you suffered as a result of what you have been through.
Contact an Identity Theft Lawyer in Florida For Help Today
Do you suspect that you have been a victim of false impersonation? Are you unsure of what your next steps should be? If so, reach out to an experienced Florida identity theft lawyer at Sharmin & Sharmin P.A. to explore your legal options for financial recovery.
You can schedule your initial case review when you fill out our online contact form or call our office at 561-655-3925.
Do you have a case?
Find out in 3 easy steps if you have a case.
All fields are required. If you need immediate assistance, do not hesitate to call us at (1-844) 742-7646