Possession of a fake ID in Florida (2024)

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Possession of a fake I.D.

Today many people are unaware of the fact that possessing a fake ID is a crime and it is a third-degree felony. Teens and young adults may be tempted to obtain fake driver’s licenses or other types of identification card(s) to purchase alcohol and to go into bars or clubs, even though, the possession of a fraudulent identification is a felony offense in Florida (See Florida Statutes §322.212). Possession of a fake ID charge can have a severe effect on your life, including having difficulties finding employment.

If you have been charged with possession of a fake ID, it’s crucial to have experienced legal representation. The direct and collateral consequences of being charged with possession of a fake ID can impact your future prospects. A skilled and knowledgeable attorney can help you understand the penalties under the statutes and the possible defenses.

Pensacola Attorney for Possession of a fake ID in Florida

Any person charged with possession of a fake ID in the Pensacola area should contact a practiced criminal defense attorney. John Terrezza of [firm] has years of experience practicing criminal law in the Florida area. He is effective and efficient in formulating defenses and an active member in the legal community.

Information Center for Possession of Fake I.D.

Florida’s Fake ID Laws
What are the penalties for possession of a fake ID in Florida?
Related Criminal Offenses
Additional Resources on Fake ID Laws in Florida

Florida’s Fake ID Laws

In 1997, Florida’s fake ID laws were amended to make the possession of a state identification card(s) or a driver’s license that was not produced lawfully by the appropriate government agency an offense. If the only thing that was changed/altered was the date of birth, then the offense can be charged as a second-degree misdemeanor (See Fl. Stat. § 322.212(5)(b)). Additionally, a second-degree misdemeanor can be issued if the alleged individual lets another person borrow his or her driver’s license or state-issued identification card(s).

Penalties for Possession of a fake ID

When an individual is facing criminal charges with a fake ID, it is vital to consult a criminal defense attorney in the earliest stages of your case to have a favorable outcome. In some cases, a conviction is unavoidable and can lead to a criminal record. Below are the consequences for a criminal conviction of possession of a fake ID:

The unlawful possession of a driver’s license or identification card(s) is a third-degree felony punishable by up to 5 years in prison, 5 years of probation and/or a $5,000 fine.
If it’s your first offense you could face up to 1 year in jail and a fine of up to $1,000.
If the alleged offender lets another person borrow his or her driver’s license or state-issued ID, then it is punishable by 60 days in jail and/or a $500 fine.
- Your driver’s license could also be suspended for one year (See Fl. Stat. §322.051, §322.32, §322.27).

Related Fake ID Charges

Florida Statute §322.212(2) – The law makes it a crime to sell or give away a fake identification or driver’s license to another person.

Florida Statute §322.212(5)(a) – “It is unlawful for any person to use a false or fictitious name in any application for a driver’s license or identification card or knowingly to make a false statement, knowingly conceal a material fact, or otherwise commit a fraud in any such application.” If you are charged with seeking to obtain a driver’s license or identification card(s) under a false name, then you can be facing a third-degree felony. A third-degree felony is punishable by up to 5 years in prison, 5 years of probation, and/or a $5,000 fine.

Florida Statute §322.212(5)(b) – The law prohibits a person from possessing an identification card(s) or driver’s license with an altered date of birth. If the only thing altered was the date of birth, the offense is charged as a second-degree misdemeanor. A second-degree misdemeanor is punishable by up to 60 days in jail or 6 months of probation and a $500 fine.

Florida Statute §322.32 – The unlawful use of a suspended driver’s license is a misdemeanor version of the crime and can be charged if a person possesses or allows someone to display or shows a driver’s license that has been suspended, canceled, revoked, or disqualified.

Florida Statute §831.29 – Making or having instruments and materials to counterfeit driver’s licenses or identification cards is an offense. A person can be guilty of a second-degree felony and it is punishable by up to 15 years in prison.

Florida Statute §901.36 – “It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel.” In other words, if you give a law enforcement officer a false name or use a fake ID upon arrest or when you are legally detained, then you can be charged with a first-degree misdemeanor.

Additional Resources

Florida’s Identity Theft & Driver’s License Fraud Protection – Follow the link to Florida’s Department of Highway Safety & Motor Vehicles (FLHSMV) to learn more information about driver’s license fraud, identity theft resources, and how to protect yourself against identity theft.

Florida’s Statutes: Driver’s License – Visit the Florida Senate website to view the Florida Statute for unauthorized possession of, and other unlawful acts in relations to, driver’s license or identification card (322.212).

Fake I.D. Criminal Defense Lawyer in Pensacola, FL

Have you been charged with possession of a fake ID? It is in your best interest to seek legal counsel. John Terrezza of [firm] has worked in Florida criminal law for years. He is skillful and will use every possible resource to try to get the best possible result for your case. He will consult with you in every phase of your case, so you are fully informed and never left in the dark.

Although the possession of a fake ID may seem like a harmless and minor offense, it is shocking to most people to learn that it is charged as a felony. Consequences for a conviction can lead to having to pay a hefty fine and serving time in prison. Regardless of your age, being charged with possession of a fake ID can have damaging consequences to your future. Contact John Terrezza at [firm] for an experienced criminal defense attorney.

John Terrezza represents clients throughout Escambia County and Santa Rosa County including Pensacola, Navarre, Milton, and Gulf Breeze. Contact the skilled attorney John Terrezza at [phone] or submit an online contact form for a free consultation surrounding your case.