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Getting caught with a fake ID in New York can lead to charges under several different statutes. Criminal Possession of a Forged Instrument in the Second Degree (PL 170.25) is a class D felony that involves possessing a fake government-issued ID, like a driver's license, with the intent to defraud. This charge requires proving intent to deceive or defraud another person and carries potential penalties of up to 7 years in prison and fines up to $5,000.
Criminal Impersonation in the Second Degree (PL 190.25) is a class A misdemeanor that involves impersonating another real person, often a minor, with the intent to obtain a benefit or injure/defraud. This could apply if someone uses a fake ID with a real person's information. It encompasses a wider range of impersonation scenarios beyond just using a fake ID. It is punishable by up to 1 year in jail and fines up to $1,000.
Criminal Possession of a Forged Instrument in the Third Degree (PL 170.20) is a class A misdemeanor that involves possessing a fake ID, even if not government-issued, with knowledge that it is forged and intent to defraud. The "intent to defraud" element must be proven for conviction. This crime is punishable by up to 1 year in jail and fines up to $1,000.
What is Considered Intent to Defraud in a New York Fake ID Allegation?
Intent to defraud is a crucial element in many of the criminal statutes related to fake IDs in New York. It refers to the person's state of mind and purpose when possessing or using a fake ID. To prove intent to defraud, prosecutors must show the person had the specific intention to deceive or trick another person or entity for personal gain or to cause injury.
In the context of fake IDs, intent to defraud often involves using the fake ID to misrepresent one's identity, age, or other characteristics to obtain benefits or access that would otherwise be restricted. For example, using a fake ID to purchase alcohol under the legal age, gain entry to age-restricted venues, or open bank accounts or lines of credit in someone else's name could all demonstrate intent to defraud.
Proving intent to defraud requires evidence that goes beyond mere possession of a fake ID. Prosecutors look for additional actions or circumstances that suggest the person's willful intention to deceive. Using a fake ID, attempting to use it, or having used it in the past can all serve as evidence of intent to defraud. Statements to police admitting the intended use of the fake ID, witness testimony about the person's actions or plans, and the surrounding circumstances of the arrest can also help establish intent.
However, intent to defraud is not always easy to prove beyond a reasonable doubt. The prosecution must show the person knowingly possessed a fake ID and specifically intended to use it to deceive others. Defenses against intent to defraud often focus on challenging the evidence of the person's state of mind. A person may admit to having the fake ID but argue they never intended to use it or that they didn't know it was fake. Lack of attempts or actual uses of the fake ID can also cast doubt on intent to defraud.The statement provided is generally accurate but requires some clarification and additional context based on reliable sources:
Consequences of Getting Caught with a Fake ID in New York
The consequences of getting caught with a fake ID in New York depend on the circumstances of the case and the specific statutes the person is charged under. The severity of the charges has a significant influence on the potential penalties, with felonies carrying much harsher sentences than misdemeanors. Additionally, prior criminal history can impact sentencing, as repeat offenders often face tougher punishments. Aggravating factors, such as using a fake ID to commit other crimes like identity theft or underage drinking, can also lead to more serious consequences.
Getting caught with a fake ID in New York can result in fines, jail time, driver's license revocation, and a permanent criminal record. Fines can range from hundreds to thousands of dollars, depending on the specific charge. For misdemeanors, jail sentences of up to one year are possible, while felony convictions can lead to multiple years behind bars. Even if the fake ID wasn't a driver's license, using one can still result in the revocation of a person's real driver's license. Convictions for fake ID crimes lead to a criminal record that can have long-lasting impacts on employment, housing, and education opportunities.
If you are caught with a fake ID, it is crucial to contact an attorney like us right away. Consulting with an attorney early in the process allows us to immediately start building the strongest possible defense for your case. Quality legal representation is critical for challenging the allegations, negotiating with prosecutors for reduced charges or alternate penalties, and minimizing the short and long-term consequences of the arrest.
Defenses to Getting Caught with a Fake ID in New York
The defenses available for getting caught with a fake ID in New York depend on the specific statute under which a person is charged, as each statute has different elements that must be proven for conviction. Defenses typically focus on challenging one or more elements of the specific crime charged, but lack of intent is not a defense for all fake ID related crimes. For charges under PL 170.20 and 170.25, the prosecution must prove the person possessed the fake ID with intent to deceive or defraud. In these cases, defenses can argue there was no intent to deceive, no knowledge the ID was fake, the ID was never used, or there was no intent to use the ID as true. However, for charges under VTL 509-6, mere knowing possession of a forged driver's license or ID is sufficient, and intent to deceive or defraud is not an element that needs to be proven. Constructive possession, such as having a fake ID in your car, can be enough to violate this statute. Defenses for this charge may be more limited and need to challenge the possession itself.
Why Hire an Attorney if Caught with a Fake ID
If you get caught with a fake ID in New York, you should hire an attorney because of the potential for serious consequences, including jail time, fines, license revocation, and a permanent criminal record. We can help by examining the facts, determining the best defense strategy, challenging evidence, and negotiating with prosecutors. We can review police reports, witness statements, and circumstances of the arrest and charges to identify weaknesses in the prosecution's case and any unlawful police conduct. We can challenge any unlawfully obtained evidence by filing motions to suppress evidence gained through illegal searches or seizures and arguing to have improperly collected evidence excluded so it can't be used at trial. Preventing key evidence from being used can significantly weaken the prosecution's case.
Should you need assistance, you can call the Law Offices of Albert Goodwin at 212-233-1233 or send us an email at [[email protected]. We represent clients throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York.
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
