Can Possession of a Fake ID Land You in Jail?

Possessing a fake ID can seem like a relatively innocuous rule break. After all, fake IDs are most often used by college students looking for a fun night out before they turn 21 and trying to purchase alcohol. However, getting turned away from a bar is not the worst fate you could suffer if a suspicious bouncer asks you to recite your zip code. While many California police officers will confiscate your ID and let you off with a warning, others may take it more seriously. All things considered, what is the worst that could happen if you are caught in possession of a fake ID?

In simple terms, it is a crime in California to possess or display a fake identification card or driver’s license with the intent to commit fraud or forgery. This crime is considered a “wobbler,” which means the prosecutor can file the case as either a misdemeanor or felony crime. As a misdemeanor, this crime is punishable by up to one year in jail, a fine of up to $1,000, and misdemeanor summary probation. As a felony, the crime can land you three years in jail, a fine of up to $10,000, and formal felony probation. This is why having a dedicated Santa Barbara fraud defense attorney from Aron Law Firm on your side is vital.

What Is Considered a Fake ID, and How Can You Be Penalized?

Possession of a fake identification card or driver’s license is covered under California Penal Code Section 470b, which defines “fake ID” as a government-issued driver’s license or ID card (US passport, Social Security card, or US military card) that has been counterfeited, reproduced, duplicated, forged, altered, or falsified. For example, you have committed a crime if you have changed the name on your ID, created a fake driver’s license, or altered the physical description or photograph that appears on the card.

While this crime is most commonly committed by minors whose goal is buying alcohol for underage drinking, fake IDs and other government documents are also often used to cash a check in another person’s name. Likewise, fake ID cards are also sometimes used by illegal immigrants to avoid arrest by police or to obtain state benefits.

For you to be convicted of using a fake ID or possession of a fake ID, the following must be proven beyond a reasonable doubt: 

• You displayed or possessed a driver’s license or government-issued ID card
• Your ID was counterfeited, reproduced, duplicated, forged, altered, or falsified
• You knew the license or ID card was not authentic
• You intended to use the ID to commit forgery (deceiving another person to cause damage to a legal, financial, or property right.) 

If you are facing allegations of possessing or displaying a fake identification, call the Santa Barbara criminal defense lawyers at the Aron Law Firm today. We can review the details of your case and put together a solid defense strategy.

Can You Go to Jail for Possessing a Fake ID?

The penalties for a conviction for the criminal charge of using a fake ID as a misdemeanor include a fine of up to $1,000 and imprisonment in a county jail for up to a year. A felony conviction may lead to three years in state prison. Fortunately, with the help of an experienced lawyer, you may be able to sidestep the consequences associated with a conviction.

Is Buying Fake IDs Illegal?

Buying a fake ID is not legal in California or any other state in the United States. Possessing or using a fake ID, regardless of whether it was purchased or obtained through other means, is considered a misdemeanor offense.

California law prohibits the criminal possession or display of a fake ID for various purposes, such as purchasing alcohol, gaining entry to establishments where the minimum age requirement is enforced, or any other fraudulent activities.

If caught buying or possessing a fake ID in California, individuals can face legal consequences of the criminal justice system, including fines, community service, and potentially imprisonment, depending on the circumstances and prior offenses. Moreover, having a criminal record for possessing or using a fake ID can have long-term consequences, such as difficulties in obtaining employment, educational opportunities, and other legal privileges.

It is important to note that while the laws regarding fake IDs can vary from state to state, it is uniformly illegal to possess, use, or manufacture false identification across the United States.

Can You Get Your License Suspended for a Fake ID?

Getting caught with a fake ID in California can have serious consequences, potentially leading to various legal penalties, but can it result in your license being suspended?

Legal Ramifications

In California, possessing or using false identification is considered a misdemeanor. This offense can result in fines up to $1,000, community service, and even a prison sentence in some cases. The severity of the penalties can vary based on factors like prior criminal charges and the intended use of the fake ID.

DMV Consequences

While getting caught with a fake ID itself does not directly lead to a driver’s license suspension, the California Department of Motor Vehicles (DMV) can impose consequences. If you are under 21 and caught using a fake ID to purchase alcohol, the DMV can suspend your driver’s license for a year or delay your eligibility to obtain a license if you have not already.

Long-Term Impact

Having a misdemeanor on your record can impact future opportunities, such as employment and educational prospects. Additionally, any involvement with law enforcement can affect your standing in the community and lead to increased scrutiny in future legal matters.

How an Attorney Help if You Are Facing Fake ID Charges

Facing charges related to a fake ID can be daunting and have serious legal implications. In such situations, seeking the assistance of a qualified attorney can be crucial. Here is how an attorney can help:

Understanding the Charges

First and foremost, an attorney will help you understand the specific charges you are facing and the potential consequences. They will explain the relevant laws in your state, such as California, where possessing or using a fake ID is a misdemeanor.

Developing a Defense Strategy

A skilled attorney will assess the details of your case to determine the best defense strategy. This might include challenging the evidence presented by the prosecution, questioning the legality of the search or seizure leading to the discovery of the fake ID, or arguing mitigating circumstances.

Negotiating With Prosecutors

In some cases, attorneys can negotiate with prosecutors to reduce the charges or penalties. This could involve seeking alternative sentencing options such as community service or diversion programs, especially for first-time offenders.

Representing You in Court

If your case goes to trial, an attorney will represent you in court, presenting your defense and advocating on your behalf. They will cross-examine witnesses, present evidence, and make legal arguments to support your case.

Minimizing Consequences

Even if a conviction is likely, an attorney can work to minimize the impact. They may argue for a lesser sentence, negotiate probation instead of jail time, or advocate for expungement of the offense from your record once you have completed any required penalties.

Providing Guidance and Support

Throughout the legal process, an attorney serves as your advocate and advisor, providing guidance on how to navigate court proceedings and ensuring your rights are protected at every stage.

Contact an Experienced Criminal Defense Lawyer at The Aron Law Firm

If you have been accused of possessing or displaying a fake driver’s license or government-issued identification card, do not hesitate to call the Santa Barbara criminal defense lawyers at the Aron Law Firm today. Led by former Deputy District Attorney William M. Aron, the Aron Law Firm has amassed substantial legal experience in criminal and civil law arenas, making us a formidable opponent in almost any context.

Contact the Aron Law Firm today for further questions about possible jail time for your fake ID or to discuss your case with one of our California criminal defense lawyers. Our knowledgeable lawyers are dedicated to protecting your rights. To discuss your case with a skilled criminal defense attorney, schedule a consultation by calling (805) 618-1768 or completing our contact form today.