If you a fake ID in your possession, or you’re caught creating a fake ID in the state of California, then you could be facing serious criminal penalties. The first step is to contact an attorney experienced with fake ID charges in California. Read on to discover the potential consequences of these charges, as well as potential defense options.

California law has a broad definition of what constitutes a fake ID

The law identifies a fake ID as any type of ID card that’s typically issued by a government agency that a person has altered, counterfeited, falsified, reproduced, forged, duplicated, or reproduced. The IDs that are covered by these laws include passports, driver’s licenses, non-driver license ID cards, social security cards, military IDs, and employee ID cards of state or federal employees.

Possessing and creating a fake ID

There are two main charges covered under the fake ID laws in California. First there’s possessing a fake ID. This involves having control over a fake ID or having the right to control it. This means that you don’t have to physically have it on your person in order to be charged. Instead, you could have it in your home or car. It’s also possible for more than one person to possess a fake ID. Note that refusing to show an officer your ID is also breaking the law and is not a solution.

The other main way to be charged with a fake ID offense is to be charged with creating a fake ID. This punishes people who either make or sell fake government-issued ID cards when those people have the intent to either allow another person to commit forger or to commit forgery themselves.

Potential legal consequences

Possessing a fake ID is a wobbler offense, which means that the prosecution will consider various factors about your case and then decide if they should charge you with a misdemeanor or a felony. Potential penalties can range from up to a year in county jail and fines of as much as $1,000 for a misdemeanor, to up to three years in state prison and fines of as much as $10,000 for a felony charge.

If you’re charged with creating a fake ID then the state can confiscate any equipment used to create the fake ID, including printers, computers, scanners, etc. This is also a wobbler, which can be charged as a misdemeanor with up to a year in jail and fines of up to $1,000, or a felony with up to three years in prison and fines of as much as $10,000.

Potential defense options

There are numerous defense options to fake ID charges, including showing that you didn’t know the ID was forced, duplicated, or altered. We can show that you had the fake ID but lacked the necessary intent to use it to defraud someone. We may also show that the ID was actually the property of someone else. The right defense for your case will depend on your unique situation. To learn about the best option for your case, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.