Possession of a Fake ID in New Jersey
Possession of false identification, or fake ID, in New Jersey is a serious crime. Depending on how the fake ID is used, the defendant could be charged with a 2nd degree crime. As law enforcement officials are given some discretion when writing these tickets, the severity of the charge will be related to the magnitude of the offense. The main statute governing false identification in New Jersey is N.J.S.A. 2C:21-2.1, with N.J.S.A. 2C:28-7 used more commonly for the underage attempts to buy alcohol or tobacco.
What behavior is prohibited?
According to the statute, there are 4 different offenses involving false identification. They are as follows:
- Section A. of the statute is prohibiting the sale, transfer or possession with intent to sell any type of false identification. Violators will be charged with a 2nd degree crime.
- Section B. of the statute is prohibiting the making or possession with intent to create false identification. Violators will be charged with a 2nd degree crime.
- Section C. of the statute is prohibiting the use of the false identification for any purpose other than buying alcohol or tobacco while underage (discussed below). Violators will be charged with a 3rd degree crime.
- Section D. of the statute is prohibiting the mere possession of any type of false identification for any other purpose than to buy alcohol or tobacco while underage. Violators will be charged with a 4th degree crime.
What is “a violation of N.J.S. 2C:28-7?”
Basically, N.J.S.A. 2C:28-7 is the fake ID charge underage people receive when attempting to buy alcohol or tobacco. So long as the defendant appeared to use the false identification purely for the purpose to obtain alcohol or tobacco, the defendant will be charged with a disorderly persons offense. This can still be costly, as a disorderly persons offense in New Jersey can carry a 6 month prison sentence and a $1,000 fine. But, those penalties are nothing compared to a 2nd or 3rd degree crime in New Jersey. This is precisely why it is imperative to contact an experienced criminal defense attorney as soon as you are charged with a false identification offense. It is entirely possible that an attorney can guide you through the legal process and have the charge reduced to a disorderly persons offense.
What should I do if charged?
If you are charged with any type of false identification offense, contact an experienced criminal defense attorney as soon as possible. These charges carry harsh penalties and can potentially stain your criminal record. It would be a shame to have a potential employment, educational, rental, or licensing opportunity ruined simply because a false identification charge that lingered on your record.
At Villani & DeLuca, P.C., we strive to achieve the best outcome for them while vigorously pursuing the most effective legal defense. The first consultation is FREE. Call Villani & DeLuca, P.C. at 732-800-2980 today.