Law Offices of Christie A. Leary P.C.

Fairfax/Manassas Criminal & Personal Injury Blog

In Virginia, using a fake identification is against the law. Many might not know that there are certain subsets of the law that have a variety of different criteria and penalties attached to them. Using a birth certificate fraudulently and manufacturing, selling or possessing false official licenses are two examples of legal violations that can result in white collar crime charges and the accompanying punishments. Those who are confronted with these allegations need to be aware of the law and the possible consequences they might face.

With birth certificates, if a person gets or has a false birth certificate or a birth certificate belonging to another person to establish a false identity will be charged with a Class 1 misdemeanor. A person who creates, sells or transfers a false birth certificate or the birth certificate belonging to another person to establish a false identity will be charged with a Class 6 felony. A person who receives, sells, possesses or transfers the false birth certificate to buy a firearm will be charged with a Class 6 felony.

It is also illegal to manufacture, advertise for sale, sell or have a false driver's license from any state in the U.S., the District of Columbia, Puerto Rico or any foreign country or government. So too is it illegal to have a false military ID, U.S. passport or foreign visa, special ID card from the Virginia DMV, college identification, or official identification issued by a state, federal or foreign agency. A person who manufactures, advertises to sell, sells or reproduces an ID of this kind will be charged with a Class 1 misdemeanor. A person who possesses this type of ID will be charged with a Class 2 misdemeanor.

There could be many reasons why a person might try to get a false identification. In some instances, they might not realize that it is against the law or that the penalties can be significant for the act. In others, they might not be aware that the identification they have acquired is fraudulent. When there are charges related to having false IDs, having a legal advocate to provide advice and a strong defense is of foundational importance from the time the case is under investigation all the way through the trial.

Source: law.lis.virginia.gov, "18.2-204.1. Fraudulent use of birth certificates, etc.; penalty," accessed on June 13, 2016

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