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Fake ID Laws in New York

While it may be a common trope to fabricate false identification to purchase alcohol, New York takes the use and possession of fake IDs very seriously. These charges can result in felony convictions, which can have serious negative impacts on the defendant’s life. However, fake IDs aren’t the only reason someone can be charged under New York law.

We’ll go over the different degrees of forged instrument statutes in New York below.

Fake ID Attorney in Nassau County, New York

These charges can have a serious impact on one’s life. It’s important to hire a skilled attorney to refute these charges. The Law Office of Stephanie has experience representing clients across New York Law, and is ready to provide full-service representation to those accused of possessing forged instruments.

The Law Office of Stephanie Selloni represents Long Island clients in Hempstead, Glen Cove, Westbury, and other communities across Nassau and Suffolk County. Call (516) 972-1212 to secure an initial consultation with The Law Office of Stephanie Selloni today.

Fake ID Laws

Understanding New York’s Fake ID Laws
Common Penalties for Fake ID Possession in Nassau County
Defense Strategies for Fake ID Possession
Additional Resources
Hire a Fake ID Possession Attorney

What are New York’s Fake ID Laws?

New York has three laws that concern the use of falsified documents: N.Y. Penal Code 170.20, 170.25, and 170.30; or, Criminal Possession of a Forged Instrument in the Third Degree, in the Second Degree and in the First Degree.
These three laws cover the creation and use of falsified legal documents, including money.

Criminal Possession in the Third Degree

This law simply reads that possession of any forged or altered document makes one eligible to be charged with this statute. However, third-degree charges are usually reserved for minor alterations on legal documents. This is a Class A Misdemeanor.

Criminal Possession in the Second Degree

Generally, fake IDs are covered under N.Y. PC 170.25, criminal possession in the second degree. This section of the legal code makes it illegal to have or use fake documents for the purpose of deceiving or injuring someone. More specifically, however, N.Y. PC 170 charges are raised to the second degree when the “instrument” in question is a deed, will, credit card or something that would be entered into a government system like an ID. Additionally, if the ID or legal document carries someone else’s real information on it, then the charge will be elevated to the second degree.

Violation of this section is a Class D Felony and may carry with it up to 7 years in prison.

Criminal Possession in the First Degree

First-degree charges are the most serious and are typically reserved for those who have full knowledge of the crime they are committing and are attempting monetary gain. Forgery of money, stamps, stocks, deeds or other government-regulated items is enough to garner a first-degree charge, which is a Class C Felony.

For all three levels, it is important that the possessor must know that the object is forged and must intend to use it deceptively. A person handed an incorrect ID after applying at the DMV would not be charged with N.Y. PC 170; however, a teenager attempting entry into a nightclub with a fake ID might.

Penalties

The United States Federal Government, and New York, take forgery extremely seriously.

Criminal Possession in the Third Degree | Class A Misdemeanor – is punishable by up to 1 year in jail, and up to a $1,000 fine.
Criminal Possession in the Second Degree | Class D Felony – is punishable by 0-7 years in prison, and up to a $5,000 fine.
Criminal Possession in the First Degree | Class C Felony – is punishable by 3 ½ to 15 years in prison, and up to a $15,000 fine.
Juvenile Penalties – Generally, those under the age of 21 can alternatively be ticketed instead. Additionally, juveniles may lose their driver’s license for as long as a year.

In addition to the above penalties, forgers may be responsible for paying back up to double whatever damages the court decides they may have gained in the course of their actions.

Common Defenses

Each forgery case is different, however, the following are a few of the most common defense strategies for criminal possession of a forged instrument charges.

Lack of Knowledge – A key part of any N.Y. PC 170 charge is knowledge. The offender must know that they are participating in the creation of a forged item, and the offender must intend to use this item to deceive or otherwise commit fraud. A defense lawyer may focus on proving that the client did not know the instrument in his or her possession was fake or otherwise altered.

Due Process – Another strategy may be to challenge the court’s due process. If the lawyer can prove that the forged document was obtained illegally, such as the client being coerced into handing over the forged instrument without a warrant, then evidence that comes as a result of this due process might be dismissed.

Mitigating Charges – A defense lawyer may attempt to reduce the charges for a criminal possession charge rather than trying to refute them altogether. One way to do this may be to dispute the alleged impact of the crime.

Additional Resources

How to Spot a Fake ID – a quick guide to spotting a fake ID. Common methods include looking for watermarks, key features like the guilloche pattern and ghost images. This guide is helpful for parents or business owners to find fake IDs.

Hire a Fake ID Attorney

Getting caught with a fake ID, or any other forged item, can result in serious consequences. These can include real jail time, prison and other associated collateral consequences. If you are charged or cited with possession of a forged instrument, then you should contact a skilled defense attorney. Failure to do so may leave a permanent stain on your criminal record, impacting education, housing and employment opportunities in the future.