Fake identification cards (IDs) are commonly associated with underage individuals attempting to buy alcohol or enter bars, concerts, or age-restricted venues. However, possessing or using a fake ID in Colorado is a serious legal offense that can carry significant consequences. Whether you are caught presenting a fraudulent ID or merely in possession of one, you could face criminal charges. It may impact your record, employment opportunities, and future legal standing.
Possible Charges for Fake ID Possession or Use
In Colorado, possessing or using a fake ID can lead to different charges, depending on the circumstances and intent. The most common offenses include:
Possession of a Fake ID (C.R.S. 42-2-309)
- It is illegal for anyone under the age of 21 to possess an altered, forged, or fictitious driver’s license or identification card.
- This is typically a Class 2 misdemeanor, punishable by up to six months in jail and fines up to $750.
Criminal Impersonation (C.R.S. 18-5-113)
- If someone uses a fake ID to assume another person’s identity or gain a benefit (such as financial gain or avoiding criminal liability), they could be charged with criminal impersonation.
- This is a Class 6 felony, which carries a penalty of 12 to 18 months in prison and/or fines ranging from $1,000 to $100,000.
Forgery (C.R.S. 18-5-102)
- Creating, altering, or knowingly using a forged document, including an identification card, can lead to forgery charges.
- Forgery is a Class 5 felony, punishable by one to three years in prison and fines between $1,000 and $100,000.
Identity Theft (C.R.S. 18-5-902)
- If an individual uses someone else’s personal identifying information on a fake ID, they could be charged with identity theft.
- This is a Class 4 felony, which can result in a sentence of two to six years in prison and fines up to $500,000.
Misrepresentation of Age to Obtain Alcohol (C.R.S. 44-3-901)
- Using a fake ID to purchase alcohol is prohibited in Colorado. Repeat offenses may result in increased fines, community service, or alcohol education classes.
Penalties for Fake ID Offenses
The severity of the penalties depends on the charge and whether it is classified as a misdemeanor or felony. Consequences may include:
- Jail or Prison Time: Some offenses carry jail or prison sentences, particularly felony-level charges.
- Fines: Fines for fake ID-related crimes can range from a few hundred dollars to hundreds of thousands, depending on the nature of the offense.
- Community Service: Courts may order individuals convicted of minor offenses to complete community service hours.
- Driver’s License Suspension: A conviction for possession or use of a fake ID may lead to suspension or revocation of one’s driver’s license.
- Permanent Criminal Record: Felony convictions result in a permanent criminal record, potentially affecting future employment, education, and housing opportunities.
Possible Defenses Against Fake ID Charges
If you have been charged with possession or use of a fake ID, there may be legal defenses available to challenge the allegations. Common defenses include:
- Lack of Knowledge: If you were unaware that the ID was fake, you may have a valid defense. For example, if someone gave you the ID under false pretenses, it may not be considered intentional possession of a fake ID.
- No Intent to Defraud: Prosecutors must often prove that you had the intent to use the fake ID for fraudulent purposes. If there was no such intent, the charges may not hold.
- Insufficient Evidence: If the prosecution cannot prove beyond a reasonable doubt that the ID was fake or that you knowingly possessed or used it, the case may be dismissed.
- Violation of Constitutional Rights: If law enforcement obtained the fake ID through an unlawful search or seizure, any evidence may be inadmissible in court, potentially leading to a dismissal of charges.
What to Do If You Are Facing Fake ID Charges
If you have been charged with a fake ID offense in Colorado, it is crucial to seek legal representation as soon as possible. An experienced criminal defense attorney can evaluate the circumstances of your case, explore potential defenses, and work toward minimizing the consequences you may face.
At McDowell Law Firm, we specialize in criminal defense cases, including those involving fake IDs. Contact us today for a consultation to discuss your case and develop a strong defense strategy.
The post Colorado Fake Id: Charges, Penalties, and Possible Defenses first appeared on McDowell Law Firm.
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