Using Fake Identification Documents in California

Using Fake Identification Documents in California

 

There are many situations in which an individual must present their identification document (ID) to an official or someone responsible for checking IDs because of a legal limit. For example, all of the processes relating to immigration, passports, visas, and citizenship require proving identity with an official ID. Some people who do not meet identity requirements get fake IDs in order to access a service they would not be able to otherwise or to defraud another entity for some personal gain. According to California Penal Code 470b PC, to display, permit to be displayed, or possess a driver’s license or ID with the intention to defraud is subject to punishment.

breach of the aforementioned section of the penal code

In order for the prosecution to argue for a breach of the aforementioned section of the penal code, it must prove the defendant did display or possess an ID, said ID must have been fake (this aspect can be proven with a variety of measures), the defendant must have known said ID was fake, and then used it to commit forgery or defraud another entity. Possible forms of government-issued ID include a driver’s license, passport, government employee card or social security card. Furthermore, one of the most elements the prosecution must prove is that the defendant had the intent to use the fake ID; the defendant must have known they would use the ID to bring about damages or lie to another person (or entity).

If found guilty of this crime, the defendant faces a wobbler offense, which means the conviction can either be a felony or a misdemeanor depending on the context of the crime. An individual that has been charged with violating Penal Code 470b must speak with an experienced attorney as the consequences of conviction are severe. A felony conviction carries a prison sentence of up to 3 years, while a misdemeanor requires one year in jail.

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