For many college students, using a fake ID may seem like a harmless rite of passage—just a way to get into a bar or buy alcohol before turning 21. But in California, the consequences of using or possessing a fake ID can be far more serious than most students (or parents) realize. What starts as a casual decision can lead to criminal charges, a permanent record, and long-term consequences that follow someone well beyond graduation.
At Law Office of Michael L. Fell, we’ve helped many families navigate these charges and protect their child's future. Here’s what every student—and parent—should know about the legal risks of using a fake ID in Southern California.
What the Law Says About Fake IDs in California
In California, it is illegal to possess, use, or present a fake identification card. Several laws may apply, depending on the circumstances:
- California Penal Code § 470b: Prohibits the possession or use of a forged or altered ID to deceive others. This is often the charge in fake ID cases and can be filed as either a misdemeanor or a felony.
- California Business & Professions Code § 25661: Specifically targets minors who present a fake ID to purchase alcohol or enter establishments where alcohol is served.
Both laws carry potentially serious consequences, even if it’s the student’s first offense.
Misdemeanor vs. Felony Charges
While most fake ID cases involving college students are filed as misdemeanors, certain circumstances can lead to felony charges, especially if the fake ID is used to commit fraud or identity theft, or if the person is found with multiple fake documents.
Misdemeanor penalties may include:
- Up to one year in county jail
- Fines of up to $1,000
- Community service or probation
- A permanent criminal record
Felony penalties are even more severe and can include longer jail sentences and higher fines. Regardless of the charge level, the long-term impact of a conviction should not be underestimated.
The Long-Term Consequences
Many students think a fake ID charge will be treated like a traffic ticket—but the reality is much more serious. A criminal conviction can affect:
- College scholarships and financial aid
- Study abroad opportunities
- Graduate school admissions
- Internships and job offers that require background checks
- Professional licenses in fields like law, nursing, or education
Even if jail time isn’t imposed, the record of the arrest and conviction can show up in future background checks and follow the student for years.
Common Defenses to Fake ID Charges
If your college-aged child has been arrested or cited for using a fake ID, it’s crucial to consult a criminal defense attorney right away. There may be strong legal defenses available, including:
- Lack of intent to defraud or deceive
- Mistaken identity or improper identification by law enforcement
- Illegal search or seizure that violated constitutional rights
- Diversion programs that allow the student to avoid a conviction
At Law Office of Michael L. Fell, we carefully review every detail of the case and fight for the best possible outcome—whether that’s a reduced charge, a dismissal, or entry into a pretrial diversion program that keeps the record clean.
Don’t Let One Mistake Derail Their Future
A fake ID may seem like a small mistake—but it can have major consequences. If your child has been charged with possessing or using a fake ID, don’t wait. The sooner you take action, the better the chances of protecting their reputation, education, and future opportunities.
Call (949) 585-9055 today to speak with a criminal defense attorney at Law Office of Michael L. Fell. We’re here to help guide your family through this difficult time with skill, discretion, and a strong commitment to protecting your child’s future.