Facing Fake ID Charges in Phoenix? ARS 4-421

June 4, 2024

Defending Against Fake ID Possession Charges in Arizona

If you or a loved one is facing charges for possessing a fake ID in Arizona, it’s crucial to understand the law and how an experienced criminal defense attorney can help.

At Litwak Law Group, we are committed to providing the legal representation you need to defend your rights and secure the best possible outcome for your case.

Understanding Fake ID Possession Laws in Arizona

Possession of a fake ID in Arizona is a serious offense with significant legal consequences.

Under Arizona law, using or possessing a fraudulent identification card can lead to criminal charges, which vary in severity depending on the circumstances.

Fake IDs are often used for the following reasons:

To purchase alcohol while under the legal drinking age
Gain entry to age-restricted venues
Misrepresent their age for other purposes.

However, the law views the possession and use of fake IDs as a form of fraud, which can carry heavy penalties.

Arizona Revised Statutes and Fake ID Possession

Arizona Revised Statutes (ARS) 4-421 is particularly relevant to cases involving the possession of fake IDs. This statute outlines the illegal acts related to the possession and use of fraudulent identification documents.

Specifically, ARS 4-421 states that it is unlawful for any person to manufacture or distribute fake IDs possess fake IDs with the intent to use them for fraudulent purposes, or use fake IDs to misrepresent one’s age, identity, or other personal details.

Under A.R.S. 4-421(N), using a false ID to enter or try to enter a venue licensed to sell alcohol, such as a bar or nightclub, is classified as a class 1 misdemeanor. According to this statute, proprietors are prohibited from admitting individuals under the legal drinking age if the establishment’s primary purpose is the sale, dispensing, and consumption of alcohol. This is why such venues typically have bouncers checking IDs at the entrance.

The penalties for using a fake ID can be severe. A conviction or guilty plea for a class 1 misdemeanor can lead to up to six months in jail, three years of probation, and a fine of $2,500.Additionally, a criminal conviction for possessing a fake ID can result in a permanent criminal record, affecting future employment, education, and other opportunities.

Common Defenses Against Fake ID Charges

Several defenses can be employed to fight fake ID possession charges in Arizona. A knowledgeable criminal defense attorney will analyze the specifics of your case to determine the most effective defense strategy.

One common defense is to argue that the defendant was unaware the ID was fake. In some cases, individuals may have been given a fake ID without their knowledge or purchased what they believed to be a legitimate ID.
Another defense is to demonstrate that the defendant did not intend to use the ID for fraud. For instance, if the ID was never used or presented, it may be possible to argue that the defendant did not intend to commit fraud.
Other defenses include challenging the legality of how law enforcement discovered and obtained the fake ID. If the ID was found during an unlawful search or seizure, the evidence may be inadmissible.
Additionally, mistaken identity can be a defense in cases where the defendant was wrongfully identified as the person in possession of the fake ID.

An experienced attorney from Litwik Law Group will explore all possible defenses to build a strong case on your behalf.

The Connection Between Fake IDs and Underage Drinking

Possession of fake IDs often goes hand in hand with underage drinking. This connection is evident in statistics and real-world scenarios where individuals under 21 use fake IDs to purchase alcohol.

According to a report by the National Center for Biotechnology Information, approximately 45% of college students have used a fake ID to buy alcohol at some point during their academic careers.

This statistic underscores the prevalence of fake ID use and highlights the importance of understanding the legal consequences and defenses available for such charges.

Consider a hypothetical example to illustrate this connection: Sarah, an 18-year-old college freshman, uses a falsified ID to buy alcohol for a party. A police officer catches her during a routine check at the liquor store. Sarah not only faces charges for underage drinking but also for possessing and using a fake ID.

In this scenario, Sarah’s intent to consume alcohol, despite being underage, directly led to her acquiring and using a fradulent ID. The legal issues she faces are now compounded, as she must address both the underage drinking charge and the more serious charge of possessing a fake ID.