A fake identification (ID) in New York 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 New York lawyer consultation would help a person understand what a fake ID is in New York.
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 New York. There are a number of fake ID offenses and penalties in New York.
Why Do People Use Fake Driver’s Licenses in New York?
According to an ID verification company, about a third of college students own fake IDs. They buy them online, usually because they want to use them for buying alcoholic beverages or gain entry to clubs and bars.
They may not realize that when they apply for a fake ID online, they send their personal information to criminals who plan to sell the personal data on the black market. Or they use the personal data themselves to commit other crimes, e.g., identity theft.
The sellers of fake IDs often operate in foreign countries, so it is challenging for U.S. law enforcement agencies to track them down, make them cease their illicit activities and prosecute them.
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 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.
Counterfeit IDs are often used to establish false identities. They enable white-collar and organized crime. Criminals use them to conduct online financial fraud and criminal enterprises of every kind.
What Are Fake ID Offenses and Penalties in New York?
The New York State Department of Motor Vehicles (DMV) warns New Yorkers that the use of fake IDs is a crime. In addition, it can lead to a person becoming the victim of identity theft.
Fake driver’s licenses are often used by individuals under New York’s legal drinking age of 21 to buy alcohol and access bars and clubs with older friends.
New York law regarding altered or forged driver’s licenses and their use can be complicated. Much depends on the exact nature of the criminal conduct and whether the fake ID is used with the intent to deceive or defraud. A New York lawyer consultation would be the best way to learn about these offenses.
Minors under 21 but 18 or older who are caught in possession of alcohol and convicted of violating the legal drinking age law may be sentenced to payment of a fine of as much as $50 for simple possession. The fines escalate and other punishments, e.g. up to 30 hours of community service, driver’s license suspension, and time in an alcohol awareness program are possible.
However, an underage drinking offense does not count as a criminal conviction under New York law. It can become expensive, however, and may also lead to suspension of the offender’s driver’s license for 6 months or more.
Using the ID of another person or any other fraudulent document to buy alcohol is a criminal offense, if it is a second or subsequent offense. The first offense is a violation rather than a crime, but the consequences quickly become severe as follows:
- 1st Offense: Payment of a maximum fine of $100 and/or community service up to 30 hours. The court may also order participation in an alcohol awareness program.
- 2nd Offense: Payment of a maximum fine of between $50 and $350 and/or community service time of up to 60 hours. The court must order an alcohol awareness program if the person has not completed one already.
- 3rd or Subsequent Offense: Payment of a fine between $50 and $750 and/or community service up to 90 hours. The court must also order a substance abuse evaluation through a state-certified agency.
If a person under the age of 21 uses a driver’s license as a fake ID, the court may suspend their driver’s license also. For a second or third offense, the court must suspend their driver’s license as follows:
- 1st Offense: Three-month suspension, at the discretion of the sentencing judge
- 2nd Offense: Six-month suspension, mandatory
- 3rd or Subsequent Offense: One-year suspension or suspension until the person turns 21, whichever is longer, mandatory.
If any person uses a fake ID that is an actual forged document, e.g., a falsely manufactured license with a false name, they can be charged with the felony offense of criminal possession of a forged instrument in the second degree under New York Penal Law. This crime can be committed by using the forged ID to buy alcohol or for any other illicit purpose.
In New York, this is specifically a Class D felony. The punishment is incarceration for a maximum of 7 years in state prison. A Class D felony conviction is entered into the defendant’s criminal record. It is important to note that the difference between being guilty of a violation only and a felony criminal offense depends on the kind of fake ID the perpetrator is carrying at the time of the offense.
Simple possession of a fake driver’s license, passport or other type of ID by a person who is not under 18 could be a class A misdemeanor or a felony, depending on the circumstances of the offense. Potential punishments can include:
- Incarceration: incarceration in a county jail for as much as 1 year if the crime is a misdemeanor, or lengthier state prison sentences if the crime is a felony
- Probation: Probation instead of jail
- Payment of Fines: Substantial fines that can amount to thousands of dollars.
For a defendant who is not under 18, conviction of this offense, whether a misdemeanor or a felony, is entered on their permanent criminal record. This can have negative consequences for the person’s employment prospects, housing options, and immigration status.
It is important to note that in New York, an underage juvenile is an individual between the ages of 7 and 18. Once a person turns 18, they are generally treated as an adult under New York criminal law, even if the offense with which they are charged is not serious. A New York 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 New York juvenile justice system.
What Happens if You Are Caught Making a Fake ID in New York?
New York has a very detailed law regarding the forgery of documents, including IDs. The seriousness of the offense depends on the type of document that a perpetrator forges. A person is guilty of forgery in the third degree when they “falsely make, complete or alter a written instrument,” and do so with the intent “to defraud, deceive or injure” another person. In New York, forgery in the third-degree is a class A misdemeanor.
In New York, a class A misdemeanor is the most serious misdemeanor charge. It can be punished by a maximum of 364 days jail and payment of a maximum fine of $1,000. In addition, it can lead to loss of the right to own a firearm, and possibly immigration issues.
If the document that a person forges is not specified in the law as one that leads to a charge of second- or first-degree forgery, then they should be charged with third-degree forgery. Making a fake ID would probably be charged as a third-degree forgery.
Second-degree forgery is forgery of certain specified kinds of documents that are not necessarily IDs, e.g., a deed or a will. First-degree forgery is forgery of certain specified kinds of documents. They too may not be IDs, e.g., issues of stocks or bonds.
It is important to note that producing, using 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 New York?
As noted above, using the ID of another person or any other fraudulent document to buy alcohol is a criminal offense, if it is a second or subsequent offense. The first offense is a violation rather than a crime. It is punished as noted above.
Using a fake ID with the intent to deceive another person can be charged as a class D felony under New York law, which can lead to a sentence of a maximum of 7 years in state prison.
Do You Need a New York Criminal Defense Lawyer for Fake ID Charges?
If you are a minor under 18 who has been charged with a fake ID offense, you want to talk to a New York juvenile lawyer. Your lawyer will be familiar with New York’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 New York 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 help you find the right lawyer in your area.
