This is the case in which the police obtain evidence of the crime by violating your rights, such as your right to be free from unreasonable police searches. You went bowling the night before, and when the clerk handed back the ID after you returned the shoes, he gave you back the fake ID of another guy who doesn’t look like you at all, but you didn’t check whether the ID the clerk gave you back was actually your ID. For example, you were found in possession of a fake ID, but you didn’t know that the ID was fake. The most common defense used in criminal defense is that there simply isn’t enough evidence to convict you of the charge. If it’s charged as a felony, you can be sentenced to jail for up to three years. Forgery is a “wobbler” offense, which means that it can be charged either as a misdemeanor or as a felony if it’s charged as a misdemeanor, you can be sentenced to jail for up to one year. Counterfeiting is a felony punishable with a sentence to county jail for up four years. Manufacturing Fake IDs is a misdemeanor, punishable with a sentence of up to one year in county jail.
To prove that charges of Counterfeiting or Forgery, the prosecution must prove also that you manufactured or transferred the fake ID with the intent to defraud another person. To prove the crime of Manufacturing Fake IDs, the prosecuting only has to prove that you manufactured or transferred to another person an ID that, at the time you manufactured or transferred the document, you knew it was a fake ID.
There are two major differences between the crime of Manufacturing Fake IDs and Counterfeiting and Forgery. Difference between PC 529.5 – Manufacturing Fake IDs and PC 477 – Counterfeiting / PC 470 – Forgery
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