In most cases, getting caught with a fake ID while trying to get into a club or purchase alcohol as a minor is not grounds for serious criminal charges in Spartanburg. Though these cases could carry criminal penalties and fines, most federal and state law enforcement officers are focused on identifying criminal organizations producing and selling fake identification documents.
Getting caught with a fake ID becomes more serious, however, if you committed fraud in the process of obtaining the ID or were caught with multiple fake identification documents. In every case, you should contact an experienced Spartanburg fake ID defense lawyer at Eppes & Plumblee, P.A., to discuss your charges and potential penalties.
Understanding South Carolina Federal and State Fake ID Laws
Carrying a fake identification document might be punishable by both federal and state law, but this depends on numerous factors. An attorney with experience handling white-collar crimes might help you understand the potential charges you’re facing and viable defenses.
Federal False Identification Laws
Under the federal fraudulent ID law (18 U.S.C. § 1028), you must know or have reason to know that the identity document is fraudulent. For example, third-party websites – especially overseas – exist to trick claimants into applying for a passport with a certain company’s ‘help.’ This company may then purport to obtain a lawful passport on your behalf. You must also either possess more than five false documents or actually use a knowingly false identity document to defraud the federal government. It is also unlawful to use someone else’s ID to commit a crime.
South Carolina False ID Laws
Under South Carolina law, specifically S.C. Code §§ 56-1-510 and 515, it is unlawful to do the following:
- Alter a driver’s license to provide false information
- Sell or issue a fake ID
- Use another person’s license to defraud anyone
- Possess and use an ID card containing false information to commit fraud
- Apply for an official ID using false information
- Display or possess any canceled, revoked, suspended, or fraudulently altered driver’s license or ID card
Most state officials are focused on punishing fraud committed in the process of obtaining, using, or altering a real state-issued ID. They are typically less concerned with completely false IDs obtained without application fraud if you did not use the ID with the intent to defraud or commit a crime.
Potential Penalties for Getting Caught with a Fake ID in Spartanburg
Possessing a non-government-issued fake ID isn’t always illegal. Think about all the false IDs you’ve seen in movies used for non-fraudulent purposes. It’s the intent behind obtaining and using the ID that often carries criminal penalties. In South Carolina, getting caught with a fake ID is a misdemeanor, carrying fines of up to $250 and no more than 6 months of imprisonment. Federal charges are more serious, and you could face substantial fines and jail time in such cases. Because intent is key in these cases, it’s essential to contact an experienced fraud crimes defense attorney to discuss any consequences or charges.
Discuss Fake ID Charges and Penalties with a Spartanburg White Collar Defense Lawyer
Do not take any chances when it comes to using an ID that was not lawfully issued to you. Discuss the potential penalties of getting caught with a fake ID in Spartanburg with the dedicated false identification defense attorneys at Eppes & Plumblee today by calling 864-581-3450 or connecting with our criminal defense team by contacting us online.