A driving license is an essential document for most individuals. Not only does it prove that you are legally allowed to drive, but it also serves as your main means of identification throughout the country. Thus, it comes as no surprise that some individuals are tempted to forge a driver’s license.
However, forging a driver’s license is a crime under the California Penal Code 470(a) PC. The exact wording of this statute asserts:
470a. Every person who alters falsifies, forges, duplicates, or in any manner reproduces or counterfeits any driver’s license or identification card issued by a governmental agency with the intent that such driver’s license or identification card be used to facilitate the commission of any forgery, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
To be convicted for the forgery of a driver’s license under the Penal Code 470(a) PC, the prosecutor has to prove the following factors:
In California, a person intends to commit forgery when they use an altered or falsified document to get an unjust personal gain.
An important thing to note for a conviction under the PC 470(a) is that it is not necessary for anyone to actually get defrauded or suffer a loss from the accused actions. The important part is to prove the accused had intent.
The violation of the Penal Code 470(a) PC is considered a wobbler offense. This simply means that the offense can either be charged as a misdemeanor or a felony. The prosecutor will usually look at several factors, such as the criminal history of the defendant and the facts of the case when deciding which charges to pursue.
If the case is charged as a misdemeanor if convicted. The defendant is liable to the sentencing of up to one year in county jail or a maximum fine of $1,000.
If the case is charged as a felony if convicted. The defendant is liable to a sentencing of up to three years in a state prison or a maximum fine of $10,000.
There are similar offenses related to forging a driver’s license. They include:
To understand how the prosecutor successfully convicts, you need to understand the language of the penal code. Remember to be convicted under the CA Penal Code 470(a) PC the prosecutor has to prove these two elements:
This is the first element of the penal code. The prosecutor has to prove that you knowingly created, reproduced, or falsified a driver’s license or government-issued identity card.
This is the second element of proving the forgery of a driver’s license. Proving the defendant created the document with the intent of it being used to help commit forgery. Intent to commit forgery is usually a bit harder to prove. The prosecutor will point to your actions, statements, and relationships to prove that you intended for someone to gain an undeserved advantage using the forged driver’s license or government-issued identity card.
There are a couple of legal defense strategies that a criminal defense attorney can use to prove your innocence if you are charged under the PC 470(a). They include:
A key element of violating the Penal Code 470(a) PC is proving the accused had the intent to commit forgery. This means that if their criminal defense lawyer proves that the accused created the forged driver’s license for a valid reason or as a prank, they may be able to get the defendant’s charges dropped, reduced, or dismissed.
California is a free state. Thus, the police must follow the constitution to the latter when arresting the defendant. If any of the accused’s constitutional rights are violated a criminal defense lawyer can use this to contest the charges. Some constitutional violations a criminal defense attorney could use against the prosecution include if the police:
These violations can allow a criminal defense attorney to get your charges reduced or dismissed.
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