Fake ID NYC Bar.

New York sources identify Penal Law §170.25 (Criminal Possession of a Forged Instrument in the Second Degree) as a common fake-ID charge. Penal Law §170.25 defines criminal possession of a forged instrument in the second degree as knowingly uttering or possessing, with intent to defraud, deceive, or injure another, a forged instrument of a kind specified in §170.10. The elements of New York forgery in the third degree are falsely making, completing, or altering a written instrument with intent to defraud, deceive, or injure another. Another charge often cited for fake IDs is Penal Law §170.20, Criminal Possession of a Forged Instrument in the Third Degree. Under the supplied authorities, this is a class A misdemeanor. Section 170.20 provides that a person commits criminal possession of a forged instrument in the third degree when, with knowledge that it is forged and with intent to defraud, deceive, or injure another, the person utters or possesses a forged instrument. The elements for this offense are similar. As the New York Penal Law explains: “A person is guilty of criminal possession of a forged instrument in the third degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses a forged instrument.” Then it adds that, again, the defendant must act “with intent to defraud, deceive or injure another.”

What Do These Two Charges Have in Common?

Both charges are applied to fake IDs, and both charges require knowledge and intent. Both charges require knowledge that the instrument is forged and intent to defraud, deceive, or injure another, while §170.25 applies to instruments of a kind specified in §170.10. If you make mistake, are you guilty of a felony or a misdemeanor? Here, too, the specifics of your individual case matter.

What Else Can Influence the Consequences of a Fake-ID Charge?

Depending on the scenario, prosecutors may seek additional charges. Misusing another person’s identity or falsifying other documents, such as a birth certificate or social security card, may elevate the consequences of your fake-ID charge. Accompanying criminal conduct, such as underage drinking or drug possession, can also lead to additional charges. In all cases, however, your identity misuse, or lack thereof, will influence the consequences you face.

What Will Ultimately Determine the Consequences of Your New York Fake-ID Charge?

Along with the circumstances listed above, the ultimate consequences of your New York fake-ID charge will depend on the final resolution of your case. Avoiding criminal history is generally the priority, even if it means facing an immediate consequence.

When Does Fake-ID Possession Become a Felony in New York?

Penal Law §170.25 (Criminal Possession of a Forged Instrument in the Second Degree) is a class D felony, carrying up to seven years of imprisonment for each offense. By contrast, Penal Law §170.20 (Criminal Possession of a Forged Instrument in the Third Degree) is a class A misdemeanor, which carries a maximum sentence of 364 days imprisonment. Section 170.20 is a broad statute that covers forged instruments generally, including those that do not constitute forms of government identification. Section 170.25 is a narrower statute that covers forged instruments in particular cases, and while it can cover fake IDs and other forms of identification, it also includes several other instruments, such as credit cards, government records, “A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant;” and other documents that require government certification. The supplied authorities also describe criminal possession of a forged instrument in the first degree as a class C felony that carries up to fifteen years imprisonment. This offense applies when the forged instrument is of a kind specified in Penal Law §170.15, including certain government-issued money, stamps, securities, or other valuable instruments, or certain corporate instruments. As an example, if you used a fake ID to enter a club or bar in New York City, you could be facing criminal charges for criminal possession of a forged instrument in the third degree (a class A misdemeanor carrying up to 364 days) or criminal possession of a forged instrument in the second degree (a class D felony carrying up to seven years), depending on the circumstances. Buying a fake ID may create liability if it results in knowing possession with the required intent, but it does not automatically establish liability for making the document. While you may not have gone to a professional forger with your photo and personal details, you still have the forged document in your possession. Presenting or possessing a forged document can create criminal liability under applicable statutes, but that liability is not automatically the same as the liability for making, completing, or altering the document. At Spodek Law Group, we have extensive experience representing clients accused of fake-ID charges in New York. If buying a fake ID led to facing these charges, the prosecution must prove beyond a reasonable doubt that you had knowing possession and fraudulent intent. If convicted, you could face the loss of your license, your home or business, or even your freedom. The costs of going to trial are high, and the stakes of facing conviction are even higher, with prosecutors in New York pursuing prison sentences in all applicable criminal cases.

How Can Another Person’s Information or Separate Conduct Expand the Case?

If your fake ID was created using someone else’s information, you could face criminal charges for criminal impersonation in addition to criminal charges for fake-ID possession. New York Penal Law §190.25 is identifying “criminal impersonation in the second degree” as an example of a crime in this category. According to the supplied sources, criminal impersonation in the second degree is an A misdemeanor that carries a sentence of up to 364 days in jail. However, if you have used another person’s information to make unauthorized purchases (including, but not limited to, purchases and withdrawals), you could face additional criminal charges, including felony charges, for fraud and theft. As we explained, while New York prosecutors also file charges related to fake IDs, the federal government has the authority to pursue federal offenses. In addition to addressing the use of fake-ID and forged documents in the context of identity theft, federal law also addresses the creation, transfer, and use of false identification documents. 18 U.S.C. §1028 separately criminalizes specified conduct involving identification documents, including unauthorized production, certain transfers, possession of five or more documents with unlawful-use or transfer intent, and other enumerated conduct.

The punishment under 18 U.S.C. §1028 varies by subsection and circumstances, with maximum imprisonment terms ranging from one year to thirty years. As with all other criminal cases, however, you must also make mistake, knowingly, in order to be criminally liable for using fake-ID documents under federal law. If federal prosecutors identify you as possessing fake-ID documents, the law does not assume that you are guilty. Instead, the government must prove beyond a reasonable doubt that you had knowing possession and that you had known (or, in the case of federal criminal impersonation charges, that you intended) that the forged document, or forged document for the purposes of fraudulent purposes, was in fact forged. Similarly, the government must also be able to prove that you were responsible for any accompanying criminal conduct; or that you were not merely involved in the criminal conduct by accident.

What Does the Final New York Disposition Change About Your Criminal Record?

A fake-ID accusation alone does not establish a criminal conviction, a permanent record, or criminal-record consequences. As a result, an accusation does not necessarily need to be fought in the same way as a criminal conviction. Competitors identify a conviction, rather than an accusation, as creating these negative consequences. As a result, avoiding criminal-record consequences is generally a priority in all criminal cases. While a conviction does create these consequences, a noncriminal resolution may not, which makes negotiating a favorable resolution with prosecutors essential. While you have a right to defend yourself, you must be prepared to defend yourself against a criminal conviction. If you can avoid facing a criminal conviction, you can also avoid the negative consequences that competitors frequently highlight. But, as we’ve described, avoiding a criminal conviction means avoiding a criminal conviction or other criminal penalty in the court system. Avoiding the loss of your license, your home or business, or your freedom, may also require the ability to avoid a criminal conviction in the court system. Also, just as a fake-ID accusation should not assume guilt, a New York criminal case should not assume a criminal record or other negative consequences, unless a New York conviction, or another final criminal disposition, is at hand. Rather, the focus should remain on what can be proven, what the prosecutor can justify in a courtroom, and what you can do to avoid criminal liability in any criminal case. With this in mind, we focus on achieving noncriminal resolutions in any case that does not warrant a criminal record or any other negative consequences. Finally, while some sources mention the consequences of a fake-ID charge in Illinois or New Jersey, Illinois law does not establish consequences under New York’s statutes (Penal Law §170.20, §170.25, §190.25, and §240.35), nor does New Jersey’s law establish New York penalties, New York courts, New York license consequences, or the New York Department of Motor Vehicles.

Talk to Spodek Law Group

Every case turns on its own facts, and general information is no substitute for advice about yours. Todd Spodek, managing partner of Spodek Law Group, and the firm's attorneys defend federal criminal and white collar matters nationwide. Reach the firm at 888 348 8028.