If I am busted for using a fake ID can I be arrested? Can I be charged with the crime? Can I go to jail?
And the answer to all of those questions is very potentially, yes. Penal Code section 470 b makes it illegal in California for a person to present government-issued identification for the purpose of deceiving another part that can involve an intent to purchase cigarettes or alcohol while the purchaser is underage. Or presentation of identification belonging to someone else for the purpose of writing a check in that person’s name that’s forgery or renting a rental car in somebody else’s name. Penal Code 470 be presentation of fake identification is a wobbler. That means it can be filed against the defendant either as a misdemeanor or as a felony.
nor it’s punishable by jail time up to one year. As a felony it is punishable up to three years in state prison. Whether or not a prosecutor is going to see a misdemeanor charge or a felony charge depends on the facts of the case. If the fraud that was perpetrated by the presentation of the false identification is minimal such as the purchase of cigarettes then it’s going to be filed as a misdemeanor and the defendant most likely is going to get probation if the fraud that was perpetrated by the presentation of the false identification was large or its repeated behavior by this same defendant then it’s going to be filed as a felony and prosecutor could seek the maximum penalties.