The police may use CA Penal Code 470(b) – Possession of a Fake ID in California to arrest anyone they accuse of possessing or displaying a false ID to defraud or deceive another person.
The courts in California can treat PC 470(b) as a misdemeanor or a felony, depending on the facts surrounding an arrest. You can learn more about this charge and potential legal defenses with a Los Angeles DUI lawyer.
When Do the Police Use PC 470(b) Charges?
Individuals may face charges under PC 470(b) if the police accuse them of possessing, displaying, or causing someone else to display a falsified, altered, forged, counterfeited, reproduced, or duplicated government-issued identification card.
Government-issued identification cards can include a(n):
- Driver’s license
- Military ID
- Passport
- State identification card
- Social security card
- Employee identification card for state or federal employees
Additionally, individuals should only face charges under PC 470(b) if they intentionally and knowingly used or displayed a fake ID.
Note that individuals can face other charges like CA Penal Code §148.9 – Providing False ID to a Police Officer or CA Vehicle Code VC 31 – Providing False Information or Documents to a Police Officer based on what they do with a fake ID.
These charges will come with additional penalties.
What Are the Penalties for Possession of a Fake ID in California?
The penalties for a PC 470(b) conviction vary because the court system in California treats CA Penal Code 470(b) – Possession of a Fake ID in California as a wobbler.
Therefore, individuals accused of this act can face either misdemeanor or felony charges based on the facts of the case and their criminal record. Potential repercussions include:
Penalties for a Misdemeanor PC 470(b) Conviction
A misdemeanor conviction could result in one year of time in county jail and fines of up to $1,000. An individual may also have to complete summary probation after a conviction.
Penalties for a Felony PC 470(b) Conviction
Individuals convicted of felony possession of a fake ID in California can face up to $10,000 in fines and up to three years of time in jail. They may also need to complete formal probation.
Can You Ignore a PC 470(b) Accusation?
You should not ignore any criminal charges in California. Individuals who try to avoid going to court can face additional charges under CA Penal Code 1320 & 1320.5 – Failure to Appear. These charges can result in additional fines and time in county jail.
Therefore, it’s essential that anyone charged under PC 470(b) reach out immediately to a professional criminal defense attorney for help. An attorney can begin working on a solid defense immediately after an arrest.
What Defenses Help With PC 470(b) Charges?
An attorney may use several defenses to handle CA Penal Code 470(b) – Possession of a Fake ID in California accusations. In some cases, lawyers will argue that:
You Did Not Knowingly Possess a Fake ID
Individuals should only face a PC 470(b) conviction for knowingly using, having, or causing someone else to use a fake ID. If you kept an ID you believed was legitimate in your wallet, you could avoid a conviction.
You Did Not Intend to Use the ID Illicitly
An attorney may argue that you had no intention of using the fake ID to commit a crime or in any illicit fashion. This argument may help you avoid a conviction.
The Fake ID Was Not Actually in Your Possession
A lawyer may help if the police found a fake ID and assumed it belonged to you without any proof. Your attorney may demonstrate that the ID belonged to someone else, helping you avoid fines and jail time.
How Do Lawyers Resolve PC 470(b) Charges?
An attorney may use several strategies to resolve a PC 470(b) accusation. In some cases, lawyers push the court to dismiss these charges by showing that the prosecution has insufficient evidence or that the police violated a client’s rights.
Your lawyer may review any plea bargains offered by the prosecution. These deals may reduce the penalties you face after an arrest. However, they still result in a criminal charge on your record, so they aren’t the best choice for everyone.
Finally, you can rely on your attorney to represent you in court if your charges go before a judge and jury.
Learn More About Possession of a Fake ID in California
You can get professional help understanding CA Penal Code 470(b) – Possession of a Fake ID in California charges and building a defense. A Los Angeles DUI lawyer can help if you also face accusations of drunk driving.
You can reach out to our firm for help finding a law firm prepared to address all of your legal concerns. You can call or fill out our online contact form to learn more.
