A fake identification (ID) in Florida can be any kind of government-issued ID, e.g., a driver’s license, Social Security card or passport. It might be forged, that is, created in total from scratch through the means for creating false IDs. A Florida lawyer consultation would help a person understand what a fake ID is in Florida.
An ID might be fake because it contains fictitious information in whole or in part. It might be a stolen ID that has been altered in some way. Or it might be an ID that was issued illegally, because it is based on false information provided in the application for the document. Possessing or making fake IDs would lead to criminal charges in Florida. There are a number of fake ID offenses and penalties in Florida.
Why Do People Use Fake Driver’s Licenses in Florida?
The most common offense related to fake driver’s licenses in Florida involves minors trying to prove that they are 21 or older in order to buy alcoholic beverages or gain entry into bars and clubs.
Under Florida law, two acts involving use of driver’s licenses or ID card by someone who is under 21, the minimum drinking age in Florida, are misdemeanor criminal offenses as follows:
- Providing a false age on an application for a driver’s license or ID card
- Possessing a driver’s license or ID card on which the date of birth has been physically altered.
A person convicted of either of these offenses may be sentenced to imprisonment in a county jail for a maximum of 60 days and/or payment of a fine of up to $500. The offense would comprise buying alcoholic beverages with a driver’s license or other ID card on which the date of birth is the only information that has been physically altered.
An individual who is under the age of 21, buys a fake ID online and takes it to a bar commits a different, felony criminal offense in Florida, not a misdemeanor. A prosecutor would charge an individual with the misdemeanor offense only if they lie about their age on the actual application for a real license, or possess a genuine license where the birth date only has been changed. Buying a fake ID online is a different criminal offense.
Adults and minors also may manufacture and use fake driver’s licenses for many different purposes. An individual might obtain a fake driver’s license, because they risk criminal charges if they are caught driving with their own suspended or revoked driver’s license. Or a person may use a fake driver’s license in order to obtain other forms of ID for which they might not otherwise qualify, e.g., because they lack citizenship status.
What Are Fake ID Offenses and Penalties in Florida?
The Florida statute that makes certain conduct involving driver’s licenses and other government-issued IDs illegal covers a broad range of conduct. The law can be broken down into categories of conduct. The following offenses are charged as felonies:
- Possession or Display: Possession of a forged, fictitious, counterfeit, stolen, or unlawfully issued driver’s license or ID card with knowledge of its illegal character
- Impersonation: One person making use of another person’s license or ID card as if it is their own
- Manufacture or Sale: The manufacture, sale, delivery or offer to sell, manufacture or deliver fake IDs with the knowledge that they are fake
- Transfer: Bartering, trading, selling, or giving away any driver’s license or ID card without the authorization of the Florida Department of Highway Safety and Motor Vehicles
- Facilitating: Agreeing to help supply someone with a license or ID card outside of lawful channels.
In Florida, all of these acts are third-degree felonies. A defendant convicted of any of these offenses may be sentenced to up to 5 years in prison and/or payment of a fine of as much as $5,000. A judge may sentence a defendant to a term of probation either in addition to or instead of incarceration.
A felony conviction also comes with certain other significantly negative consequences. A person can lose the right to vote until they have served their complete sentence and obtained restoration of their rights. A person convicted of a third-degree felony in Florida can lose their right to own or possess firearms.
The conviction is going to appear on every background check for the remainder of an individual’s life unless they can get their criminal record sealed, which is difficult to do.
Again, a person convicted of either of the misdemeanor offenses, which are less serious, may be sentenced to imprisonment in a county jail for a maximum of 60 days and/or payment of a fine of up to $500.
It is important to note that in Florida, an underage juvenile is an individual between the ages of 12 and 18. Once a person turns 18, they are automatically treated as an adult under Florida criminal law, even if the offense with which they are charged is not serious. A Florida lawyer would be able to explain when a young person’s offense would be considered a juvenile crime that comes within the jurisdiction of the Florida juvenile justice system.
What Happens If You Are Caught Making a Fake ID in Florida?
As noted above, the making, or manufacturing, of a fake ID in Florida is a third-degree felony. A person convicted of a third-degree felony may be sentenced to incarceration in prison for a maximum of 5 years or ordered to pay a fine of as much as $5,000. A defendant may be sentenced to probation in addition to incarceration or instead of it.
It is important to note that producing or transferring government-style identity documents is also a federal crime. Conviction can be punished by up to 15 years in federal prison if the offense is serious. In addition, a defendant may be sentenced to payment of a fine as much as $250,00 or, again, in the most serious cases, a fine of twice the amount of money the defendant reaped from their illegal activity.
What about Using a Fake ID To Buy Alcohol in Florida?
Again, using a fake ID on which the date of birth only has been physically altered would be charged as a misdemeanor criminal offense with a maximum punishment of 60 days in jail and/or payment of a fine of $500.
As explained above, if a person uses a driver’s license that is completely fake, a driver’s license that has been stolen from another person or one that is otherwise counterfeit or forged, the crime is a third-degree felony. The punishment is much more severe, i.e., a maximum 5 years in prison and/or payment of a maximum fine of $5,000.
Do You Need a Florida Criminal Defense Lawyer for Fake ID Charges?
If you are a minor who has been charged with a fake ID offense, you want to talk to a Florida juvenile lawyer. Your lawyer will be familiar with Florida’s juvenile court system. They can review the facts of your situation and advise you as to the best way forward with your juvenile offense.
If you are an adult who has been charged with a fake ID offense, you want to talk to a Florida criminal defense lawyer. Your lawyer will review your case and the charges you face. Your lawyer will be able to advise you as to what your best next steps will be. LegalMatch can connect you with the right attorney for your needs near you.
