Nashville Criminal Impersonation Lawyer
Request a ConsultationIf you have been charged with criminal impersonation in Nashville or Davidson County, you may have questions about what the charge means and what could happen next. Tennessee law covers several different types of criminal impersonation, and the penalties depend on the type of conduct alleged.
As a Nashville criminal impersonation lawyer, I can review the allegations and evidence in your case, explain your options, and help you decide how to move forward.
What Is Criminal Impersonation in Tennessee?
Tennessee’s criminal impersonation law, Tennessee Code Annotated § 39-16-301, covers several different types of conduct.
Ordinary Criminal Impersonation
Under § 39-16-301(a), criminal impersonation occurs when a person, with the intent to injure or defraud another person:
- Assumes a false identity;
- Pretends to represent a person or organization;
- Pretends to be a government officer or employee; or
- Pretends to have a disability.
Ordinary criminal impersonation is a Class B misdemeanor.
Impersonating a Law Enforcement Officer
Tennessee law also makes it a crime to pretend to be a law enforcement officer for the purpose of engaging in an activity ordinarily established by law as a law-enforcement activity and causing another person to believe that the person is an officer.
Law-enforcement impersonation is a Class A misdemeanor.
Impersonating a Military Member or Veteran
It is also a crime to falsely claim to be an active-duty member or veteran of a uniformed service with the intent to obtain money, property, services, or another tangible benefit.
This can include falsely using military uniforms, ranks, medals, insignia, identification, discharge documents, or other military credentials.
This offense is a Class A misdemeanor.
What Are the Penalties for Criminal Impersonation?
The classification depends on the type of criminal impersonation charged:
| Type of criminal impersonation | Classification |
|---|---|
| Ordinary criminal impersonation | Class B misdemeanor |
| Certain first-responder impersonation involving a motor vehicle | Class A misdemeanor |
| Law-enforcement impersonation | Class A misdemeanor |
| Military/veteran impersonation | Class A misdemeanor |
There are also special fine provisions. For example, criminal impersonation committed to falsely obtain a driver’s license or photo identification license carries a maximum fine of $500. Certain law-enforcement impersonation involving a qualifying motor vehicle carries a maximum fine of $5,000.
Criminal Impersonation and False Identification
Criminal impersonation is not the only Tennessee offense involving false identities or identification.
For example, T.C.A. § 39-16-303 addresses certain uses of false identification. Tennessee also has a separate offense for impersonating a licensed professional under § 39-16-302.
These offenses have different elements and penalties. If you have been charged with an impersonation-related offense, it is important to look at the specific statute and subsection listed in your charging document.
Defending a Criminal Impersonation Charge
The best defense depends on the facts and evidence in the particular case. Potential issues may include:
- Whether you actually engaged in the conduct alleged;
- Whether the State can prove the required intent;
- Whether witnesses accurately described what happened;
- Whether statements attributed to you were accurately reported;
- Whether photographs, video, messages, documents, or other evidence support the charge; and
- Whether the State can prove every element of the specific offense charged.
There may also be constitutional issues involving a search, seizure, interrogation, or other police conduct.
A Nashville criminal impersonation lawyer can review the evidence and determine where the State’s case may be weak.
Frequently Asked Questions
Is criminal impersonation a felony in Tennessee?
Criminal impersonation under § 39-16-301 is generally a misdemeanor. Ordinary criminal impersonation is a Class B misdemeanor, while law-enforcement and military/veteran impersonation are Class A misdemeanors.
However, Tennessee has other impersonation offenses. For example, impersonating a licensed professional under § 39-16-302 can be a felony.
Is criminal impersonation a Class A or Class B misdemeanor?
It depends on the type of offense. Ordinary criminal impersonation is a Class B misdemeanor. Law-enforcement impersonation and military/veteran impersonation are Class A misdemeanors. Certain first-responder impersonation involving a motor vehicle can also be a Class A misdemeanor.
Can I be charged with criminal impersonation for giving police a false name?
Yes. Whether a particular incident constitutes criminal impersonation depends on the facts and whether the State can prove the required elements of the offense.
Can a criminal impersonation charge be dismissed?
Potentially. Every case is different. A defense lawyer can review the allegations and evidence to determine whether the State can prove the charge and whether there are legal or factual issues that could support dismissal or another favorable resolution.
Nashville Criminal Impersonation Lawyer
If you have been charged with criminal impersonation in Nashville or Davidson County, you do not have to figure out the legal process alone.
I represent people facing criminal charges in Nashville and Davidson County. I will review the allegations against you, explain what the charge means, and help you understand your options.
If you are looking for a Nashville criminal impersonation lawyer, contact Carla Grebert to schedule a consultation.
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