Charged Under Minn. Stat. § 609.4751? A Minnesota Lawyer Explains What You’re Facing.
It may have started as a joke, a misunderstanding, or a heat-of-the-moment comment you wish you could take back. Maybe you own a retired police vehicle as a hobby, or your security guard uniform was misinterpreted. Now, you’re facing a criminal charge for Impersonating a Peace Officer in Minnesota. You didn’t plan to end up here, but the state is accusing you of a serious crime—one that they believe undermines public trust and disrespects authority. Prosecutors will try to paint you as a con artist, someone who intentionally tried to deceive and intimidate others by pretending to have the power of the badge.
They don’t care if it was a simple mistake, a poor choice of words, or if the alleged “victim” is exaggerating the story. The moment the accusation was made, a case file was opened, and the system began moving against you. You are now facing the possibility of jail time, significant fines, and a permanent criminal record that labels you as dishonest. This is not a situation to take lightly or to face by yourself. I am a Minnesota criminal defense attorney who has defended people from all walks of life against these very charges, in courtrooms from Minneapolis and St. Paul to Rochester, Duluth, and St. Cloud. I understand what is at stake, and I am here to build the aggressive, intelligent defense you need to protect your future. You do not have to go through this alone.
What It Really Means to Impersonate an Officer in Minnesota
In the eyes of Minnesota law, a charge for Impersonating a Peace Officer is about more than just wearing a costume or telling a tall tale. The core of the offense is the intent to mislead. The prosecutor must prove that you not only falsely presented yourself as a law enforcement officer, but that you did it with the specific goal of making another person genuinely believe you held official authority. Without this crucial element of intent, the state’s case against you is fundamentally weak. This charge is designed to punish deceptive conduct that could cause someone to give up their rights or follow unlawful orders.
This means that the context of your actions is everything. A Halloween costume at a party in Bloomington is not a crime. Playing a police officer in a short film with your friends in Brooklyn Park is not a crime. The state initiates Minnesota impersonating an officer charges when it believes your actions crossed a line into intentional deception. This could involve verbally claiming to be a cop during a dispute, using a badge or uniform to gain access to a secure area, or equipping your vehicle with lights and sirens to make other drivers believe you are law enforcement. Facing a false impersonation accusation requires a defense that focuses squarely on your state of mind and challenges the government’s narrative.
Minnesota Law on Impersonating a Peace Officer — Straight from the Statute
The legal framework for your charge is laid out in a single, specific statute. To build your defense, you first need to understand the exact law the prosecutor is using to charge you.
The controlling law is Minnesota Statutes § 609.4751. It reads as follows:
Subdivision 1. Misdemeanor. Whoever falsely impersonates a peace officer with intent to mislead another into believing that the impersonator is actually an officer is guilty of a misdemeanor.
Subd. 2. Gross misdemeanor. Whoever violates subdivision 1 while committing any of the following acts is guilty of a gross misdemeanor:
(1) gaining access to a public building or government facility that is not open to the public;
(2) without legal authority, directing or ordering another person to act or refrain from acting;
(3) violating section 169.64, subdivision 2, 3, or 4, or the siren provisions of section 169.68; or
(4) operating a motor vehicle marked:
(i) with the word or words “police,” “patrolman,” “sheriff,” “deputy,” “trooper,” “state patrol,” “conservation officer,” “agent,” or “marshal”; or
(ii) with any lettering, marking, or insignia, or colorable imitation thereof, including, but not limited to, stars, badges, or shields identifying the vehicle as a law enforcement vehicle, and which a reasonable person would believe is a law enforcement vehicle governed under section 169.98, subdivision 1.
Subd. 3. Felony. Whoever violates this section within five years of a previous violation of this section is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both.
Breaking Down the Legal Elements of Impersonating an Officer
The prosecutor carries the entire burden of proving each part of this law beyond a reasonable doubt. My job is to analyze their evidence and dismantle their case piece by piece. If the state cannot prove every single one of these elements, you cannot be convicted.
- False ImpersonationThis is the core act. The state must first prove that you actually represented yourself as a peace officer when you are not one. This can be done through explicit words (“I am a police officer”), through your clothing (wearing a realistic uniform or badge), or through your property (using a specially marked vehicle). The representation must be false—you cannot be a sworn peace officer in any jurisdiction. We will scrutinize the accuser’s statement and any physical evidence to challenge whether your actions truly amounted to impersonation.
- Intent to MisleadThis is the most critical element and where many of these cases are won or lost. It’s not enough for you to have simply acted like an officer; the prosecutor must prove that your specific purpose was to trick someone into believing it was real. A joke, a sarcastic comment, or a Halloween costume worn without deceptive purpose does not meet this standard. I will build a defense that highlights the lack of evidence of your intent, arguing that your actions were misunderstood or taken out of their proper context.
- An Aggravating Act (for Gross Misdemeanor)To elevate the charge to a more serious gross misdemeanor, the state must prove you committed the impersonation while doing something else specifically listed in the statute. This could be giving someone an unlawful order (like “move your car or I’ll arrest you”), using your fake authority to get into a secure building, or operating a vehicle with illegal lights, sirens, or police-style markings. If you are facing a gross misdemeanor, I will challenge not only the impersonation itself but also the evidence for the supposed aggravating act.
Minnesota’s Harsh Penalties for an Impersonation Conviction
Minnesota’s justice system takes these charges seriously, and the penalties reflect that. The consequences you face depend on the specific circumstances of your case and whether you have a prior offense, creating a tiered system of punishment. These are the penalties for impersonating an officer in Minnesota.
Felony
If you are convicted of impersonating a peace officer and have a prior conviction for the same offense within the last five years, you will be charged with a felony. The potential penalties are severe:
- Up to two years in prison
- A fine of up to $4,000, or both.
A felony conviction also means the loss of your right to own a firearm and creates a permanent barrier to many career and housing opportunities.
Gross Misdemeanor
If your case involves one of the “aggravating acts” listed in Subdivision 2 of the statute—like giving unlawful orders or using a marked vehicle—you will face a gross misdemeanor charge. A conviction carries:
- Up to one year in jail
- A fine of up to $3,000, or both.
A gross misdemeanor is a serious offense that stays on your criminal record forever and can also lead to the loss of your firearm rights.
Misdemeanor
The basic offense of falsely impersonating an officer with the intent to mislead someone is a misdemeanor. While it is the lowest level of the charge, a conviction is still a permanent mark on your record and can result in:
- Up to 90 days in jail
- A fine of up to $1,000, or both.
How Impersonation Charges Play Out in Real Life — Minnesota Scenarios
These accusations can arise from a wide variety of situations where lines get blurred and intentions are misunderstood. You may see your own circumstances reflected in these common scenarios that lead to charges in Minnesota.
The St. Paul Parking Dispute
You get into a heated argument with a neighbor over a parking spot in your St. Paul neighborhood. In a moment of anger, you shout, “I’m a cop, you better move that car now!” You aren’t a police officer and had no real intention of making them believe you were, but your neighbor calls 911. The police arrive and, based on your neighbor’s statement, charge you with misdemeanor impersonating an officer.
The Duluth Car Collector
You are a car enthusiast living near Duluth, and you proudly own a restored Ford Crown Victoria, a former police interceptor. While you’ve removed the official logos, the car still has a spotlight and a familiar look. An aggressive driver cuts you off, you flash your headlights, and they pull over, thinking you are the police. The driver calls the real State Patrol, who now charges you with a gross misdemeanor for operating a vehicle a reasonable person would believe is law enforcement.
The Overzealous Minneapolis Security Guard
You work as a security guard at a downtown Minneapolis building. Your uniform is dark blue and includes a metal badge. During a confrontation with a trespasser, you tell them, “You need to leave now, I have the authority to remove you.” The trespasser later complains to the Minneapolis Police Department that you pretended to be a police officer to intimidate them, and you are charged with impersonation.
The Maple Grove Prank Gone Wrong
You and your friends decide to film a “prank” video in a Maple Grove park. You put a flashing blue light on your dashboard and pull over a friend’s car. However, another person witnesses the event, believes it’s a real and potentially dangerous police stop, and calls the authorities. Even though your intent was a joke, the police charge you with a gross misdemeanor for giving unlawful orders and using police-style lights.
Legal Defenses That Could Defeat Your Impersonation Charge
An accusation from the state is just one side of the story. You have the right to present a powerful defense that challenges their narrative and protects your name. As your attorney, my first move is to scrutinize every piece of the prosecution’s evidence—the police reports, witness statements, and any video or audio recordings. I will search for inconsistencies, weaknesses, and procedural errors that can be used to your advantage. A strong defense is not about making excuses; it’s about holding the government to its high burden of proof.
Fighting an impersonation charge successfully requires a strategy built on the specific facts of your case. Whether you are in Eagan or Plymouth, the core of the defense often comes down to intent. Prosecutors may have evidence of what you did or said, but they often struggle to produce concrete proof of what you were thinking. My job is to introduce the reasonable doubt that the law demands. We will work together to tell your side of the story in a compelling way.
Lack of Intent to Mislead
This is the most powerful defense against an impersonation charge. The state has to prove you had the specific goal of deceiving someone into believing you were a real officer.
- It Was a Joke or Sarcasm: We can argue that your words or actions were clearly meant as a joke or a sarcastic remark, and that no reasonable person would have genuinely believed you were a peace officer. Context is key here.
- Costume or Performance: If you were wearing a uniform, it may have been for a legitimate purpose like a Halloween party, a theatrical production, or a film project. We can provide evidence that your “impersonation” was purely for entertainment and not for deception.
- Misinterpretation: The alleged victim may have simply misunderstood what you said or did. For example, you might have said “I work in law enforcement,” which could be a true statement if you have a civilian job, but the person heard “I am a law enforcement officer.”
The Act Was Not a False Impersonation
You can fight the charge by arguing that your conduct did not legally amount to impersonating a peace officer in the first place.
- Vague Statements: Your words may have been too vague to count as impersonation. Saying “You can’t do that” or “I’m watching you” is not the same as explicitly claiming to be the police.
- Legitimate Authority: If you are a licensed security guard, a bail bond agent, or another professional with a degree of authority, we can argue that your actions were consistent with your actual job and that you never claimed to be a sworn peace officer.
Misidentification or False Accusation
Sometimes, the accuser is either mistaken or has a motive to lie.
- Mistaken Identity: The witness may have incorrectly identified you as the person who committed the act. This can be especially true if the incident was brief, occurred at night, or was stressful.
- Motive to Fabricate: The person accusing you may be a disgruntled neighbor, an ex-partner, or someone with a grudge. We can investigate the accuser’s background to expose any bias or reason they might have to make a false report against you.
First Amendment Protected Speech
In very specific and rare cases, your actions may be protected by the First Amendment right to free speech.
- Political Satire or Protest: If your “impersonation” was part of a clear act of political protest or satire aimed at criticizing the police, it may be considered protected speech, as long as it did not create a clear and present danger. This is a complex, high-level defense that requires careful legal analysis.
Minnesota Impersonating an Officer FAQs — Your Questions Answered
Will I go to jail for impersonating an officer in Minnesota?
It’s a definite risk. A misdemeanor carries up to 90 days, a gross misdemeanor up to a year, and a felony up to two years. The outcome depends heavily on the facts of your case and the quality of your defense. An effective attorney can fight for alternatives like dismissal, acquittal, or a plea to a lesser offense to help you avoid jail.
Can this charge be dismissed?
Yes, and a dismissal is often the primary goal. I can work to get your case dismissed by showing the prosecutor they lack sufficient evidence of your intent to mislead, by successfully arguing a pre-trial motion, or by negotiating a dismissal as part of a diversion program.
What’s the difference between a misdemeanor and gross misdemeanor impersonation charge?
The difference is the presence of an “aggravating act.” A misdemeanor is for the basic act of impersonating with intent to mislead. It becomes a gross misdemeanor if, while impersonating, you also do something extra, like unlawfully order someone around, enter a secure government building, or use a car with illegal police-style markings or sirens.
I was just joking. Is that a defense?
It absolutely can be. If your words or actions were clearly intended as a joke and a reasonable person would not have been genuinely misled into believing you were an officer, it directly attacks the “intent to mislead” element. Proving this often comes down to context, witness testimony, and your credibility.
Do I need a lawyer for this charge in Bloomington?
Yes, without question. Whether you are in Bloomington, St. Paul, or any other Minnesota city, this is a serious criminal charge. A conviction carries permanent consequences. You need a lawyer to protect your rights, challenge the state’s evidence, and navigate the complex court process in Hennepin County or wherever you are charged.
How does this affect my right to own a firearm?
A conviction for a gross misdemeanor or a felony will result in the loss of your right to possess a firearm under both Minnesota and federal law. This is a significant collateral consequence that makes fighting the charge essential for gun owners.
My car looks like a police car. Am I breaking the law just by driving it?
Simply owning and driving a retired police vehicle is not illegal. However, you can be charged with a gross misdemeanor if the vehicle has markings, insignia, or lights that would lead a “reasonable person” to believe it’s an active law enforcement vehicle. It’s critical to remove official decals, shields, and certain lighting equipment.
What if I’m a security guard? What are the rules?
Security guards have a right to do their jobs, but they must be careful not to cross the line into impersonating police. Your uniform should be clearly distinguishable from local law enforcement, and your badge should say “Security.” You cannot use language that suggests you have police powers of arrest.
Can I be charged for wearing a police Halloween costume?
It is highly unlikely. The key element is “intent to mislead.” When you wear a costume to a private party or while trick-or-treating, your intent is clearly for entertainment. A prosecutor would have a very difficult time proving you were trying to deceive someone into believing you were a real officer in that context.
What is a “peace officer” in Minnesota?
It’s a broad term that includes police officers, county sheriffs and their deputies, state troopers, and other certified state and local law enforcement agents. It does not typically include federal agents (like the FBI) or private security.
What should I do if the police want to question me?
You have the right to remain silent. You should politely decline to answer any questions, make any statements, or consent to any searches until you have spoken with an attorney. Simply say, “I am exercising my right to remain silent, and I want a lawyer.”
Can I be charged if the person knew I wasn’t a real cop?
It can make the state’s case much more difficult. If the person you were interacting with was never actually misled, it severely undermines the prosecutor’s ability to prove your intent. Their testimony could become a key part of your defense.
How does a prosecutor prove my “intent”?
Since they cannot read your mind, prosecutors use circumstantial evidence. They will use your words, your actions, the context of the situation, and witness testimony to build a narrative that you must have intended to mislead someone. My job is to present an alternative, more plausible narrative.
What happens if I am a non-citizen?
A conviction for a crime of dishonesty like impersonating an officer can have devastating immigration consequences. Depending on your status, it could lead to the denial of a green card or citizenship application, and could even result in deportation proceedings.
Is it possible to get this charge reduced to something less serious?
Yes. In some cases, a favorable outcome can be a plea agreement to a different, less damaging offense. For example, it may be possible to negotiate a plea to a disorderly conduct charge, which does not carry the same stigma as a crime of dishonesty like impersonation.
The Lifelong Consequences of an Impersonation Conviction
A conviction for impersonating a peace officer leaves a permanent stain on your reputation and your record. The court-ordered penalties are only the beginning. The collateral consequences will impact your life for years to come.
A Permanent Criminal Record of Dishonesty
This is not a crime of passion or a simple mistake; it is classified as a crime of deceit. Having a conviction for impersonation on your record tells every potential employer, landlord, and loan officer that you have been officially branded as dishonest by the state. This can be an automatic disqualifier for any job that requires a position of trust, including roles in finance, security, childcare, healthcare, or government.
Loss of Your Second Amendment Rights
If you are convicted of a gross misdemeanor or a felony, you will be prohibited from possessing a firearm for the rest of your life. This is not a temporary suspension; it is a permanent loss of a constitutional right. For those who hunt, engage in sport shooting, or keep a firearm for personal protection, this consequence is devastating and irreversible.
Damage to Your Reputation and Standing
Being convicted of pretending to be someone you’re not carries a unique social stigma. It can damage relationships with family, friends, and colleagues. The public nature of a criminal conviction means that anyone can look up your record and see the charge. This can lead to embarrassment and a loss of standing in your community that is difficult, if not impossible, to repair.
Severe Immigration Consequences
If you are not a U.S. citizen, a conviction for impersonating an officer is likely to be considered a “crime involving moral turpitude” (CIMT). This is a special category of offense that carries severe immigration penalties. A CIMT can make you ineligible for a green card or naturalization and can be a basis for placing you in removal (deportation) proceedings, regardless of how long you have lived in the United States.
Why You Need a Determined Minnesota Impersonation Defense Attorney
When you are facing a charge that attacks your character and threatens your freedom, you cannot settle for a passive defense. You need a lawyer who will go on the offensive, challenge the state’s case at every turn, and fight for the result that protects your future.
I Will Dissect the “Intent” Element of the Charge
The government’s entire case hinges on proving your state of mind. I have the experience to deconstruct their arguments and expose the lack of evidence of your intent to mislead. I will present your actions in their proper context, highlighting how they were a joke, a misunderstanding, or a mistake—not a criminal act of deception. I will force the jury and the prosecutor to look beyond the simple accusation and confront the reasonable doubt in their case.
My Goal Is to Protect Your Clean Record
A conviction for this offense can follow you forever. That is why my primary goal is always to seek a result that keeps your record clean. This means fighting for a complete dismissal of the charges, an acquittal at trial, or negotiating entry into a diversion program that leads to the charges being dropped. I understand that the best outcome is one that allows you to walk away from this ordeal with your reputation and your future intact.
I Know the Courts and Prosecutors Across Minnesota
From the Hennepin County Government Center in Minneapolis to the courthouses in Ramsey, St. Louis, and Olmsted counties, I have stood up for clients across the state of Minnesota. I understand that every jurisdiction has its own local customs, and I know the prosecutors and judges who will be handling your case. This statewide experience allows me to craft a legal strategy that is not just theoretically sound, but is also tailored to succeed in the specific courtroom where your freedom will be decided.
We Will Take Immediate Action to Control the Narrative
The moment you hire me, the narrative changes. The state no longer has free rein to build a one-sided case against you. I will immediately contact the prosecutor, assert your rights, and begin our own investigation. We will not sit back and wait for the state to make its move. We will be proactive, gathering evidence, interviewing witnesses, and building a powerful defense designed to put you in the strongest possible position from day one. Your fight is my fight.