Many people know at least one person who used fake identification to either get into a bar or purchase alcohol underage. While possessing fake ID may not seem like a huge deal, the consequences may actually be quite severe and lead to extensive criminal charges depending on the circumstances.
If you or someone you know has been charged with possession of fraudulent identification in the State of Michigan, it’s important to contact a fake ID lawyer immediately.
The defense lawyers at Kelly & Kelly P.C. have 30+ years’ experience representing both adult and juvenile offenders for matters involving fraud as well as other criminal charges.
Michigan Fake ID Law
Michigan laws regarding fake identification are outlined in the Michigan Legislature Section 28.295. MCL 28.295 states that,
“no one shall intentionally reproduce, alter, counterfeit, forge, or duplicate an official state identification card or use an official state identification card that has been reproduced, altered, counterfeited, forged or duplicated.”
In other words, if a person intentionally copies, reproduces, duplicates, or alters official government personal identification then this individual has committed a crime. This includes modifying any electronic data associated with personal identification.
Simple possession of fake ID is a misdemeanor charge that’s punishable with fines up to $2,000, and/or imprisonment for up to 12 months.
Possession of fake identification with the intent to sell it is a felony offense that’s punishable by fines up to $10,000 and/or imprisonment for up to five years.
Possession of fake identification for the purpose of committing or assisting in the commission of a felony is punishable by fines of up to $20,000 and/or imprisonment for up to 10 years.
Possession of fake identification for the purpose of committing or assisting in the commission of a misdemeanor that is punishable by imprisonment for less than six months is a misdemeanor offense that is punishable by fines of up to $2,000 and/or incarceration for up to one year.
Frequently Asked Questions
Q. What is the penalty for having a fake ID?
Solely possessing fake identification is considered a misdemeanor which is punishable by fines up to $2,000, imprisonment for up to five years, or both. These penalties are enhanced if it’s determined that the individual had the intent to sell the fake identification or intended to use it in the commission of a felony or misdemeanor.
Q. Is it a felony to have a fake ID?
Possessing fake identification in itself is not considered a felony but rather a misdemeanor. Felony fake ID charges occur if the individual has the intent to sell the identification or is using the fake ID to commit a felony.
Q. Can you go to jail for having a fake ID?
Yes, simply possessing a fake ID is listed as a misdemeanor that may be punishable by imprisonment for up to 12 months. Although the courts typically don’t deal out the maximum penalties for this offense, it’s not beyond the realm of possibility which is why retaining a defense attorney is critical when being charged with this offense.