When Fake IDs Can Get You in Trouble
There are various ways fake IDs can result in you being charged with a crime in California. No matter what the charge, you must have the intent to defraud to be convicted of a crime related to fake IDs. Whether you were involved in the manufacture, sale, and distribution of false identification cards or merely possessed a phony driver’s license, you can face criminal charges. The type of offense you committed will determine the extent of your punishment.
Manufacturing or Selling California Fake IDs
The California Department of Motor Vehicles is the only authorized issuer of official identification cards and driver’s licenses. That means it is a crime for anyone else to manufacture or distribute IDs.
Identification cards are not simply driver’s licenses. The California DMV will issue an official ID to anyone of any age simply for identification purposes. Driver’s licenses are a distinct subset of DMV-issued identification cards.
It is illegal to, with a fraudulent purpose, manufacture or sell any counterfeit or fake California ID card. This allows fake or phony IDs to be made or sold as a gag gift. So long as you did not mean for the card to be used to trick another individual, you did not have a fraudulent purpose.
Manufacturing or selling fake IDs in California is charged as a misdemeanor. If convicted of this offense, you will typically face a fine of between $250 and $1,000 and be ordered to complete 24 hours of community service. However, the maximum penalties include up to a year in county jail.
Forging or Counterfeiting an Identification Card
The second crime involving fake IDs — forging or counterfeiting — can be charged as a felony because forgery is its own category of crime. Committing forgery requires you to knowingly change, alter, manipulate, or create a written document intending to receive an undeserved benefit. Therefore, modifying the age on your driver’s license or creating a fake one could lead to forgery charges.
Additionally, counterfeiting is defined as any changes, alteration, or manipulations of an item with the intent to display it as an actual, genuine article.
While misdemeanor forgery or counterfeit charges carry the same penalties as those for manufacturing or selling a fake ID, this crime can also carry felony punishment. If you face the more severe felony charges, the maximum sentence is three years in state prison and a $10,000 fine. However, these enhanced penalties are typically reserved for serious criminal networks.
Using or Possessing a Fake ID in California
Finally, you can face misdemeanor charges for simply using or possessing a fake ID. It is also a crime to give your genuine ID to someone else for their own use. You can get in trouble for simply having a fake driver’s license or flashing a phony ID to a bouncer or bartender.
While in most cases, you may only have your fake confiscated or destroyed, if law enforcement is involved, having a fake ID can result in jail time. The maximum penalty for possessing or using a fake ID in California includes up to six months in county jail and a $1,000 fine.
If you have found yourself in hot water with the law for making or using fake IDs in Newport Beach, California, the knowledgeable criminal defense attorneys at Chambers Law Firm can build a strong defense to the charges you face. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a member of our team.
