What Is a Fictitious ID and What Are the Penalties for Possessing One?
Posted on Thursday, August 23rd, 2018 at 11:47 am
There are many reasons people possess false identification materials. If you’re under the age of 18, you need an ID that says you’re of the legal age to purchase any tobacco products. Perhaps the most well-known use of a fake is buying alcohol or gaining entrance to a bar or club. Whatever your reason for using a fictitious ID is, getting caught using one will lead to legal trouble. California law prohibits possessing or displaying a fake ID with the intent of defrauding someone else. For using such identification, you can be charged with either a misdemeanor or a felony. The specifics of your case will determine the level of your offense.
If you have been caught using a fake ID, call a criminal defense attorney right away. At Spolin Law P.C., we will handle every aspect of your fraud case, whether that means getting the charges dropped, or putting together an aggressive defense. If convicted of an offense related to the use of a fictitious ID, you face several potential penalties. With your rights and freedom on the line, you want to know that someone is keeping you and your case on track.
What Qualifies as a Fictitious ID?
California law defines a fake ID as any driver’s license or identification card issued by a government agency that has been:
- Physically altered
- Forged, or made to show falsified information
- Duplicated or reproduced
- Counterfeited from someone else’s ID
Possessing or displaying an ID that falls under any of these categories, and intending to use that ID to commit forgery, is an offense punishable under California Penal Code.
Intent and Fictitious ID Charges
In addition to possessing, being in control of, or displaying a fake ID, it also illegal in California to use such identification to commit forgery. With regard to fake ID laws, forgery refers to fraud, which is the deception of another person to cause loss or damage to property, financial assets, or legal standing. This statutory language could serve as a possible defense in your case; if you didn’t know that your ID was falsified, you wouldn’t possess the intent to defraud anyone with it.
Penalties for Possession of a Fake ID
Under the California Penal Code, possessing or displaying a fake ID is known as a “wobbler.” This means your offense could be charged as either a misdemeanor or a felony, depending on the details of your case. If you’re charged with a misdemeanor, you face up to one year in jail, and a fine of $1,000. If you’re charged with a felony, however, you may be incarcerated for up to three years, and fined as much as $10,000. Your official charges are determined by numerous factors, such as:
- How much your fraud was worth
- What your crime would have cost others
- Your previous criminal record
Talk to An Experienced Attorney About Your Fictitious ID Charges
If you are facing charges for the possession or use of a fake ID, an experienced attorney will assist you in handling the confusion wobblers can sometimes cause. If you’re in the Los Angeles area, Spolin Law P.C. is prepared to discuss your fictitious ID or fraud case. Whether you’re facing a misdemeanor or felony-level offense, our dedicated attorneys know what a successful defense requires. To schedule a free, initial evaluation of your case, contact a criminal defense lawyer at our firm by calling (310) 424-5816.