The Ramifications of Being Caught with a Fake Government ID

 Posted on September 27, 2023 in Felonies

A false or fake ID refers to any form of identification that has been forged, altered, or used to falsely represent someone's identity. Falsifying government identification is a serious crime with several potential ramifications. In Illinois, the penalty for being caught with a fake ID can range from a Class 4 felony to a Class 2 felony.

Being caught with a fake government ID will require that you act quickly to protect your rights. Contact a criminal defense lawyer as soon as possible to discuss your case.

Carrying a Fake ID is a Felony

Possessing a fake ID is classified as a Class 4 felony as outlined in statute 15 ILCS 335/14(b). It states that individuals who knowingly possess or display a fake ID can be found guilty. Penalties for a Class 4 felony can include:

• A prison term of one to three years

• A minimum of a $500 fine or 50 hours of community service

Illinois law mandates a permanent record for felony offenses, and such records cannot be expunged or sealed. Even first-time offenders will have a lasting record if found guilty of using a fake ID. However, even though possession of a fake ID is a felony, a judge can still choose to give the offender probation instead of sending them to jail.

What you plan to do with a fake ID can increase the penalties depending on the circumstances. A Class 3 felony is handed out for possession of a fake ID with the intent to:

• Obtain account, credit, credit card, or debit card

• Commit theft, deception, or credit/debit card fraud

• Commit a felony

Forging or having the equipment for the forgery of fake IDs is also subject to Class 3 felony charges. These charges can range from a prison term of two to five years and can also be probational. Repeat offenders fall within a Class 2 felony, carrying a prison term of three to seven years.

Difference Between a Fake ID and an Altered ID

It is important to understand the difference between a fake ID and a fictitious or altered ID. A fake ID is a complete forgery, not given by any government entity, and does not actually belong to any person. On the other hand, a fictitious or altered ID is a genuine government-issued ID that has been tampered with in some way, such as altering the date of birth, photo, or other details.

Contact a Kane County, IL Criminal Defense Attorney

Fake ID cases are often defensible. If the police did not have a good reason to stop and search you, your lawyer can ask the judge to throw out the evidence. Securing an Aurora, IL forgery defense lawyer is your best bet to get ahead of any charges you may face. Contact The Law Office of Brian J. Mirandola and receive honest representation and a commitment to securing the best possible outcome. Call the office at 847-488-0889 to schedule an initial free consultation.