Under California Penal Code 470b, possession of a fake driver's license or identification card is a grave offense. Having such a document with the intent to commit fraud or forgery is a serious criminal act that should not be taken lightly.
PC 470b extends to any government-issued identification card that has been altered or forged. It's crucial to understand that using a fake ID is not a prerequisite for being charged; mere possession is enough for a conviction. A fake ID is a driver's license or other type of identification card that has been falsified, altered, duplicated, reproduced, counterfeited, or forged.
Under PC 470b, the intent to commit fraud means you had the intent to use the fake ID to deceive or commit fraud. There are many common examples where individuals could face criminal charges for possessing or displaying a fake identification. For example, minors often possess a fake ID in an attempt to purchase alcohol.
Another common example is someone attempting to use a fake ID to cash a check in another person's name. Fake identification cards are also sometimes used by illegal immigrants to avoid arrest by police or to obtain state benefits. Penal Code Section 470b is known as a “wobbler,” which means the prosecutor can file the case as either a misdemeanor or felony.
Their decision on how to file the charges is typically based on the specific circumstances of your case and prior criminal record. A misdemeanor conviction will carry up to a year in county jail and a $1,000 fine.
What Does the Law Say?
California Penal Code Section 470b legally defines possessing or displaying a fake identification as "Anyone who alters, falsifies, forges, duplicates, counterfeits, or reproduces a driver's license, government-issued identification card with the intent to commit fraud or forgery is guilty of a misdemeanor crime.
There is a wide variety of common fake identification cards that are included in the legal definition under Penal Code 470b. These include:
- State driver's license;
- State identification card;
- Social Security card;
- Student identification card;
- United States Passport;
- State or Federal employee identification card;
- Military identification card.
As stated above, it's important to note that you don't have to actually use a fake ID to be charged under PC 470b. By law, possession is sufficient. This means if you have actual possession of a fake ID or just simple control of it, you could face criminal charges.
Elements of the Crime
In order for the prosecutor to obtain a conviction for possession of a fake identification under PC 470b, they must be able to prove all the elements of the crime. These include the following:
- You possessed or displayed a driver's license or identification card;
- The driver's license or ID card was altered, forged, duplicated, or counterfeit;
- You knew the driver's license or ID card had been altered or forged;
- You had the intent to use the fake ID to commit fraud or forgery.
It should be noted that the most common form of fake ID is a California driver's license issued by the Department of Motor Vehicles. The legal definition of possession or display of a fake ID includes the terms altered, falsified, forged, duplicated, reproduced, or counterfeited.
This includes many ways to possess a fake ID, such as a real driver's license that was modified to include a fake date of birth. It also includes fake identification cards that were duplicated or reproduced.
What are the Penalties?
As stated above, possession of a fake driver's license or identification under California Penal Code Section 470b is a “wobbler.” What does that mean? It means the prosecutor has the discretion to file the case as either a misdemeanor or a felony crime.
They will base their decision on the specific accusations and your criminal history. If you are convicted of a misdemeanor case of possessing or displaying a fake ID, you will face the following legal penalties:
- Up to one year in a jail,
- A fine up to $1,000,
- Misdemeanor summary probation.
If you are convicted of a felony case of possessing or displaying a fake ID, the legal penalties include:
- 16 months, 2 or 3 years in jail,
- A fine up to $10,000,
- Formal felony probation.
It should be noted that it's very common for minors in Los Angeles to possess a fake ID in an attempt to purchase alcohol or cigarettes. In these types of cases, the case will be handled in the juvenile court system, a specialized court that deals with cases involving minors.
What are the Related Crimes?
- California Penal Code Section 470a – Forging a License or ID Card,
- California Penal Code Section 470 - Forgery,
- California Penal Code Section 472 – Forgery of Public Seals,
- California Vehicle Code 14610 – Unlawful Use of Driver's License,
- California Vehicle Code 13004 – Unlawful Use of ID Cards.
What are the Defenses?
Our California criminal defense attorneys offer a range of robust defenses to protect you against allegations of possessing a fake driver's license or identification card. Each case requires a thorough review of the facts, and we are here to guide you through the legal process, providing you with the reassurance that you have options.
The most common legal defenses against accusations of violating California Penal Code Section 470b include the following:
- You didn't know the identification was fake or altered – One of the key elements of the crime listed above is that the prosecutor has to prove you knew the ID was fake or had been altered. Furthermore, this must be proven beyond a reasonable doubt. In some cases, our criminal lawyers might be able to cast doubt you knew that you were in possession of a fake ID.
- No intent to commit forgery or fraud – Again, intent to commit forgery or fraud is contained in the elements of the crime. As stated above, you can still be found guilty of possession or displaying a fake identification even in cases where you never actually used it. However, the prosecutor still has to prove you had the intent to use it unlawfully. In some cases, our attorneys might be able to argue that there is not sufficient evidence to prove you specifically intended to use the fake identification.
If you have been accused of possession or displaying a fake driver's license or government-issued identification card in violation of California Penal Code Section 470b, call the Los Angeles criminal defense law firm of Eisner Gorin LLP. Let us review all the details of your case to determine the best strategy for the best possible outcome.
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