In Florida, you can be criminally charged with impersonation of an employee if you falsely assume or pretend to be an officer, representative, or anyone who has an official authority and uses that to have another person aid or assist them under Florida Statute 843.08.
If you or a loved one has been charged with false impersonation, do not hesitate to contact the Law Office of Ashley Aulls at (352) 593-4115. The Law Office of Ashley Aulls can help you or your loved one with your case.
Information Center for Impersonation of an Employee
What is impersonation of an employee?
Impersonation of an employee is when someone pretends or acts like an officer of the law or anyone who has official authority in order to have someone else aid or assist them. Here are some examples:
Traffic Stop Impersonation
- Scenario: A man buys blue and red lights online and installs them in his vehicle. He uses the lights to pull over drivers on the highway, pretending to be a police officer. During these stops, he asks drivers for their licenses and sometimes demands money for “fines.” This is a clear case of falsely impersonating a law enforcement officer to conduct illegal traffic stops and extort money from victims.
Impersonating a Detective
- Scenario: A man pretends to be a detective working on a fraud case and calls people, asking for their personal information, including Social Security numbers, claiming he needs it for the investigation. This is an example of identity theft and fraud committed by someone impersonating a police officer.
Fake Security Officer at an Event
- Scenario: At a public event, an individual wears a uniform similar to a security guard or police officer. He uses this guise to gain backstage access and steal valuables from attendees, pretending to be managing the security of the event. This involves both impersonating a law enforcement or security officer and theft.
Impersonating a Police Officer
- Scenario: A man in Orlando walks into various restaurants and retail stores, wearing a police uniform and badge. He tells staff he’s an undercover officer and demands free meals or discounts, claiming it is part of his “job” to be treated by the establishment. This type of impersonation is used to obtain goods or services under false pretenses.
Penalties
Impersonating a public officer or employee is typically a third-degree felony.
Penalty:
- Up to 5 years in prison
- Up to 5 years of probation
- Fines up to $5,000
Impersonation as Part of a Larger Scheme to Defraud
If impersonating an employee is part of a broader scheme to defraud (such as scamming people out of money, soliciting bribes, or using false pretenses to obtain property), this could be prosecuted under Florida’s organized fraud statutes.
Penalty:
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- For fraud under $20,000: Third-degree felony, punishable by up to 5 years in prison and fines up to $5,000.
- For fraud between $20,000 and $50,000: Second-degree felony, punishable by up to 15 years in prison and fines up to $10,000.
- For fraud over $50,000: First-degree felony, punishable by up to 30 years in prison and significant fines.
Defenses
Involuntary Action or Duress
- Explanation: If the accused committed the act of impersonation under duress or coercion, they could argue that they did not do so voluntarily.
- Example: If someone was forced to impersonate an employee because of threats of harm or violence, this could be a valid defense.
Insufficient Evidence
- Explanation: The prosecution must prove the case beyond a reasonable doubt. If the evidence is weak, contradictory, or circumstantial, the defense can argue that the evidence is insufficient to support a conviction.
- Example: If there are no reliable witnesses, surveillance footage, or clear evidence that the defendant impersonated an employee, the defense can argue that the prosecution has not met its burden of proof.
Mistaken Identity
- Explanation: The defense might argue that the accused was wrongly identified as the person who committed the impersonation. This can happen when the actual impersonator looks similar to the defendant, or the evidence is weak or circumstantial.
- Example: If someone is accused of posing as an employee but there is little to no reliable evidence (such as witness misidentification), the defense can argue mistaken identity.
Additional resources
- Florida Statute 843.08: Under this statute, someone can be criminally charged if they falsely assume or pretend to be an officer, representative, or anyone who has an official authority and uses that to have another person aid or assist them.
Contact a lawyer
If you or a loved one has been charged with false impersonation, do not hesitate to contact the Law Office of Ashley Aulls at (352) 593-4115. Ashley Aulls can represent you in any hearing in Hernando County, Pasco County, Citrus County, and Sumter County, FL. To schedule your initial case consultation with Brooksville defense lawyer Ashley Aulls, call (352) 593-4115 today.