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.
Frequently Asked Questions
What happens if you are caught with a fake ID in Colorado?
If you are caught with a fake ID in Colorado, the consequences depend on how the ID was used and whether another person’s identity was involved. Simply possessing or displaying a fake driver’s license can lead to criminal charges, while using it to buy alcohol, enter a bar, or impersonate another person can result in more serious offenses.
Depending on the facts of the case, prosecutors may charge offenses such as criminal impersonation, forgery, identity theft, or misrepresentation of age under the Colorado Revised Statutes. A conviction may result in fines, probation, jail or prison time, a permanent criminal record, and collateral consequences affecting employment, education, and professional licensing.
What is the penalty for using a fake ID in Colorado?
There is no single penalty for using a fake ID in Colorado because the punishment depends on the criminal offense charged. Using a fake ID to purchase alcohol may result in misdemeanor penalties, while creating or using a forged identification card or using another person’s identity can lead to felony charges.
Possible penalties include:
- Fines
- Probation
- Community service
- Jail or prison time
- Suspension of driving privileges in some situations
- A permanent criminal record
If the fake ID is connected to forgery (C.R.S. 18-5-102) or identity theft (C.R.S. 18-5-902), the penalties become significantly more severe.
Can you go to jail for a fake ID?
Yes. You can go to jail for a fake ID in Colorado, especially if the offense involves forgery, criminal impersonation, identity theft, or repeated violations of Colorado law.
While first-time offenses involving alcohol-related misuse may sometimes result in less severe penalties, prosecutors can seek jail or prison sentences when the fake ID was used to commit fraud, obtain something of value, or steal another person’s identity. The potential sentence depends on the specific criminal charge and your prior criminal history.
What is the charge for possessing or using a fake ID in Colorado?
Several different criminal charges may apply when someone possesses or uses a fake ID in Colorado. Common charges include:
- Forgery (C.R.S. 18-5-102) for creating or using a forged identification document.
- Criminal Impersonation (C.R.S. 18-5-113) when someone falsely assumes another identity to obtain a benefit.
- Identity Theft (C.R.S. 18-5-902) when another person’s identifying information is used without permission.
- Misrepresentation of Age (C.R.S. 44-3-901) when a fake ID is used to purchase alcohol.
The exact charge depends on how the identification was obtained, possessed, or used.
Is it illegal to have a fake ID in Colorado?
Yes. Possessing a fake ID is illegal in Colorado. Even if you never use the identification, merely having a counterfeit or altered government-issued ID can expose you to criminal charges depending on the circumstances.
Law enforcement will consider factors such as whether the ID was altered, whether it belongs to another person, and whether there was intent to commit fraud or obtain something of value. These facts determine the specific offense and potential penalties.
Is having a fake ID a felony or a misdemeanor in Colorado?
It can be either.
Some fake ID offenses are charged as misdemeanors, while others are felonies. For example, using a fake ID solely to misrepresent your age may be treated differently than using someone else’s identity or presenting a forged government document.
If prosecutors allege forgery, criminal impersonation, or identity theft, the offense may be charged as a felony depending on the facts of the case. Because Colorado law classifies offenses differently based on intent and conduct, the same fake ID can lead to very different criminal charges.
Is using someone else’s ID a felony in Colorado?
Using someone else’s ID can be a felony in Colorado if it involves fraud, identity theft, or criminal impersonation.
For example, using another person’s driver’s license or identification card to obtain money, goods, services, government benefits, or another advantage may satisfy the elements of identity theft under C.R.S. 18-5-902, which is frequently prosecuted as a felony offense. The specific charge depends on how the identification was used and the prosecutor’s evidence.
What is criminal impersonation under Colorado law?
Criminal impersonation occurs when someone knowingly assumes a false identity or pretends to be another person in order to obtain a benefit, avoid liability, or commit fraud.
In fake ID cases, prosecutors may pursue criminal impersonation charges if a person uses another individual’s identifying information or falsely represents themselves as someone else. This offense is separate from simply possessing a fake ID and often carries more serious criminal penalties.
What is C.R.S. 18-5-902?
Colorado Revised Statutes § 18-5-902 is Colorado’s identity theft law. It makes it illegal to knowingly use or possess another person’s personal identifying information, financial information, or financial device without authorization for the purpose of obtaining money, property, services, credit, government-issued documents, or another thing of value.
Depending on the conduct involved, violations of C.R.S. 18-5-902 may be prosecuted as either a misdemeanor or a felony. Identity theft charges frequently accompany fake ID cases when another person’s identity is used.
What happens if a minor gets caught with a fake ID in Colorado?
A minor caught with a fake ID in Colorado may face both criminal and administrative consequences. In addition to possible criminal charges, the minor may face penalties related to alcohol violations, driver’s license consequences, community service, or court-ordered education programs.
If the fake ID was used only to purchase alcohol, the penalties are often different than cases involving forgery or identity theft. However, a juvenile or young adult should not assume the offense will be treated lightly, as a criminal record can have long-term consequences.
What are Colorado’s fake ID laws?
Colorado does not have a single “fake ID law.” Instead, fake ID cases are prosecuted under several different statutes depending on the circumstances.
These may include laws covering:
- Forgery
- Criminal impersonation
- Identity theft
- Misrepresentation of age to obtain alcohol
- Fraud-related offenses
The charge depends on how the fake ID was created, possessed, or used. Because multiple criminal statutes can apply to the same incident, anyone charged with a fake ID offense should understand exactly which Colorado law prosecutors are relying on.
