False Identification to Law Enforcement

People may obtain a form of false identification for many reasons. For some, having a fake ID helps them illegally purchase alcohol, which can often feel like a rite of passage. For others, having a fake ID can be a way to shift blame to someone else after committing a crime. But either way, it’s false identification, and sometimes, even a form of identity theft.

As a criminal defense law firm, Lermitte & Lubin has seen many cases involving false identification charges, especially when given to law enforcement. If you have been hit with false identification charges, we can help.

The Different Types of Fake IDs

1. Borrowed IDs: This is the most common type of fake ID, where an individual uses someone else’s valid ID. This can be a form of identity theft, even if the other person permitted them to use the ID.
2. Manufactured Fake IDs: These are IDs that are created to resemble real identification cards. They might be made using sophisticated equipment and materials, and can sometimes include security features that are present on real IDs. Using them is illegal, though if they do not use someone else’s information, it would not be identity theft as well.
3. Forged IDs: These are genuine IDs that have been altered in some way, such as by changing the birthdate, photo, or other information. This is done to deceive others into believing the ID is valid and belongs to the person presenting it. The IDs used to make these are typically stolen, which can see a user being charged for identity theft on top of false identification charges.
4. Altered ID: Similar to forged IDs, these are real IDs that have been tampered with. The alterations can be minor, like changing a single digit in the birth year, or major such as replacing the entire photo. This would also be considered identity theft.
5. Stolen IDs: These are genuine IDs that have been stolen from their rightful owners and used by someone else.

Consequences of False Identification Charges

Under 18 U.S. Code § 35, providing false identification to law enforcement authorities is considered a third-degree misdemeanor, punishable by up to one year in prison and up to $2,500 in fines.

If you are detained or under arrest and you give a false name or false identification to law enforcement, this is considered a first-degree misdemeanor.

In the case of fake IDs, the severity of punishments varies on the type of ID used, how it was used, how it was acquired, and the person’s prior history.

Lastly, it becomes a misdemeanor to knowingly provide false IDs to a law enforcement officer, to use a fake ID to gain entry into bars, or to purchase alcohol. This offense rises to a felony level if the ID is used to gain access to restricted areas.