Kraut is able to intervene early on in the investigation process in order to prevent criminal charges from being filed entirely. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience. If you or a loved one have been charged with possessing a fake driver's license it is very important that you speak with a Los Angeles Criminal Defense Attorney right away. ![]() Criminal Defense for Possessing a Fake Driver's License If charged as a felony, the potential sentence is three years in prison.Ħ. If charged with a misdemeanor, a defendant can face a year in jail and costly court fines. Possessing a fake driver's license or other government issued identification is a "wobbler" offense that can be filed as either a misdemeanor or a felony, depending on the defendant's criminal history and the circumstances of the offense. This may apply to people from other places who legitimately are unfamiliar with how California or other government issued IDs actually appear and are told they have a legitimate identification card. If the defendant was not aware that the identification was fake, he or she would have a valid defense against any charge of possessing a fake ID. Defenses to Possessing a Fake Driver's License The statute only requires that he intended to use it for a fraudulent purpose.Ĥ. The man could be charged under the statute even though he did not actually use the document when it was discovered. Before he has a chance to apply for work, he is stopped by police at a routine traffic stop and the fake ID is discovered during a search. In another example, an undocumented immigrant wants to be able to get a job so he purchases a fake government identification card. It does not matter if the false driver's license is a counterfeit of a California license or any other state’s license, as possession of any fake ID is subject to prosecution under the statute. This man could be charged with possessing a fake identification card under California Penal Code Section 470B PC. He uses it at a local liquor store and is caught by an undercover police officer.
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