Having a fake ID might seem like a harmless way to bypass age restrictions for buying alcohol or getting into clubs, but in Florida, possessing or using a fake driver’s license is far from minor. Many don’t realize that using a fake ID can lead to serious charges, leaving a permanent mark on your record, but is having a fake ID a felony in Florida?
In many cases, the answer is yes, and the consequences can be life-changing. A fake ID conviction can result in steep fines, probation, or even jail time, depending on the circumstances. If you or someone you care about is facing fake ID-charges, Andrew Buda of Buda Law in Tampa, Florida can help.
Contact Buda Law at (813) 322-2832 to speak with an experienced criminal defense attorney on our team and start building a strong defense to protect your future today.
Is it Illegal To Have a Fake ID?
Under Florida law, having a fake identification card is illegal and can lead to serious consequences. A fake ID can include an altered, forged, or counterfeit driver’s license or any other form of identification meant to misrepresent a person’s age or identity. Even using someone else’s ID, such as a borrowed driver’s license, is considered unlawful.
If caught possessing a fake identification card to purchase alcohol or for any other purpose, you could face felony charges, depending on the circumstances.
A felony conviction in Florida can result in significant fines, probation, or jail time of up to one year, so it’s incredibly important that you take these charges seriously.
Florida Fake ID Laws
Florida has several laws in place to address fake ID crimes, each targeting the use, possession, and creation of false identification. These laws apply not only to altered or counterfeit IDs but also to the use of another person’s identifying information without permission.
While some fake ID offenses may result in a misdemeanor offense (such as giving a false birth date when applying for an ID or altering the birth date on a real ID), most others will lead to felony charges, which may be followed by serious consequences like fines, probation, or even jail time.
Understanding the implications of Florida’s fake ID laws is essential for anyone facing charges related to these crimes.
Possession of a Fake ID
Under Florida Statute §322.212, it is illegal to knowingly possess, display, or use a fraudulent driver’s license or identification card. Even if the defendant is not caught actively using the fraudulent ID, the mere possession of a fake ID is considered a felony criminal offense, and the consequences can be serious.
Many individuals, particularly minors, may use fake IDs to purchase alcohol, enter bars or clubs, drive without a legally obtained license, or for other prohibited purposes, without taking much into consideration that even being caught with a fake ID on them can result in a criminal conviction.
Using a Fake ID
Using a fake ID with the intent to defraud or mislead is another serious criminal offense under Florida law. This includes attempts to buy alcohol, gain entry to restricted venues, or use false identification for fraudulent purposes.
College students and young adults may view this as a harmless act, but using a forged document or a fake ID to obtain alcohol or engage in other deceptive activities can lead to significant legal consequences.
In cases where the ID is used for more severe offenses, such as identity theft, the penalties become even harsher, including higher fines, longer jail sentences, and long-term impacts on the offender’s record.
Creating or Selling Fake IDs
One of the most serious fake ID crimes under Florida law is selling or creating false IDs. This offense carries much more severe penalties than simply possessing or using one. Manufacturing or distributing fake IDs is not only illegal but also viewed as a deliberate act to facilitate further fraudulent activities, which is why these offenses are treated so harshly.
Being charged with creating or selling fake IDs will result in felony charges, often leading to severe consequences such as substantial prison time, steep fines, and the long-term repercussions of a permanent criminal record. A conviction for these crimes can impact your future job opportunities, educational prospects, and even your ability to secure housing or professional licenses.
Given the gravity of these charges and their potential to disrupt every aspect of your life, fake ID crimes involving creation or sale are aggressively prosecuted in Florida, requiring immediate legal representation from an experienced Tampa felony defense attorney like Andrew Buda.
What Happens When You Get Caught With a Fake ID in Florida?
If you get caught using a fake ID in Florida, such as at a club, bar, or liquor store, the bartender or store clerk will likely confiscate it and refuse to serve you. Many businesses are trained to spot fake IDs and may call the police, especially if they suspect fraud or identity theft is involved. You will likely also be escorted out and possibly banned from returning to the premises in question.
If law enforcement gets involved, they may question you about where you got the fake ID and could detain you while they verify your identity. Some officers may simply issue a warning or a citation, while others could take further action and charge you with a criminal offense, depending on the circumstances.
Is a Fake ID a Felony in Florida?
It is illegal in Florida to have, use, or make a fake ID. Most fake ID offenses are third-degree felonies in Florida. This includes possessing, displaying, or using a fake or stolen driver’s license or false ID card as well as selling or making fake IDs.
However, if the only offense is lying about your age or having an ID with an altered birthdate, it is considered a Florida second-degree misdemeanor offense.
Florida Fake ID Punishment
As we’ve just learned, using or possessing a false identification card in Florida may lead to either felony offenses or misdemeanor charges, depending on the specific violation. Below is a breakdown of the charges and possible penalties associated with each offense:
1. Possession or Use of a Fake, Forged, or Altered ID
- Charge: Third-degree felony
- Possible Penalties:
- Up to 5 years in prison
- Up to $5,000 in fines
- Up to 5 years of probation
2. Possession of an ID with an Altered Birthdate
- Charge: Second-degree misdemeanor
- Possible Penalties:
- Up to 60 days in county jail
- Up to $500 in fines
- Payment of court costs and other fees
- Possible community service or court-ordered probation
3. Selling, Manufacturing, or Distributing Fake IDs
- Charge: Third-degree felony
- Possible Penalties:
- Up to 5 years in prison
- Up to $5,000 in fines
- Up to 5 years of probation
4. Providing False Information on an ID Application
- Charge: Second-degree misdemeanor
- Possible Penalties:
- Up to 60 days in county jail
- Up to $500 in fines
- Court costs and legal fees
- Possible community service or court-ordered probation
5. Giving Away, Selling, or Trading a Real ID
- Charge: Third-degree felony
- Possible Penalties:
- Up to 5 years in prison
- Up to $5,000 in fines
- Up to 5 years of probation
More than just the criminal penalties listed above, a conviction for a fake ID offense in Florida can create further challenges. For instance, having a permanent criminal record can seriously impact future employment opportunities and result in the loss of certain civil rights, such as the ability to vote or own a firearm. These potential penalties highlight the importance of working with an experienced criminal defense law firm in Tampa, FL to help mitigate the impact on your future.
How a Tampa Criminal Defense Attorney at Buda Law Can Help You Fight Fake ID Charges
Attorney Andrew Buda and his dedicated legal team at Buda Law have extensive experience defending clients against both misdemeanor and felony charges related to fake ID charges in Florida. With a vast knowledge of Florida-specific laws and a proven track record in defending clients throughout Pinellas and Hillsborough County with strategic, results-driven advocacy, he works tirelessly to help clients navigate the legal process with confidence.
In every criminal case we take on, our priority is minimizing the impact of your charges, whether that means reducing fines, avoiding jail time, or preventing a felony conviction from permanently affecting your record. With Buda Law on your side, you’ll have a dedicated advocate fighting for your rights every step of the way.
Contact Andrew Buda at Buda Law for Help With Florida Fake ID Charges
Don’t make the mistake of thinking you’ll get off easy with fake ID charges in Florida. If convicted, you could face serious penalties that extend far beyond a slap on the wrist. Whether you’re dealing with a misdemeanor offense or more severe felony offenses, the consequences can be long-lasting and life-altering.
At Buda Law, we are committed to defending your best interests and fighting for the most favorable outcome in your case. Take control of your future by calling (813) 322-2832 today to schedule a free consultation and start building a strong defense.