UCONN Fake ID/Forgery in the 2nd Degree Defense Strategies
A student who uses or owns a fake ID can be arrested for forgery in the second degree, a felony charge in Connecticut. Having a felony conviction or even a felony charge on your record can limit job opportunities, housing prospects, and even personal relationships. If you face charges, reach out to a top CT defense attorney to discuss the UCONN fake ID/forgery in the 2nd degree defense strategies that may apply to your case.
What is the Definition of Forgery under Connecticut Law?
Under Connecticut General Statute § 53a-138, a person is guilty of forgery in the second degree when they possess a forged driver’s license (or any instrument issued by a government instrumentality), with the intention of defrauding or deceiving another person. Most commonly, forgery charges often occur when an underage student possesses a fake driver’s license, with the intentions of using the fake license to procure alcohol.
There are three different degrees of criminal forgery in Connecticut. The nature of the criminal act is defined the same way in each degree, but the severity of the offense increases depending on the type of document that was faked.
Other Forgery Statutes in Connecticut
Most forgery charges in Connecticut are the result of students using counterfeit driver’s licenses issued by a state government. Connecticut General Statutes §53a-138 classifies the forgery of monetary documents or corporate stock documents as a first-degree forgery. This is a Class C felony. Forgery of documents not listed in the first- and second-degree statutes may be treated as forgery in the third degree, which is a Class B misdemeanor.
Defending Fake ID Forgery Arrests at UCONN
In every criminal case, the prosecution must prove that certain elements of the crime existed to convict the defendant. For forgery crimes, it must be proven that you acted with intent to defraud, deceive, or injure another while knowing that the document or ID was fake.
One defense is that a person lacked the intent necessary to be charged under this statute, particularly if the ID was hidden in a wallet and not used. It is also a defense that you did not realize the ID in your possession was fake.
Alternatively, an experienced fake ID attorney may be able to make a case for having charges reduced from a second-degree forgery, which is a felony, to third-degree forgery, a misdemeanor. This is a much less serious offense with fewer potential consequences on your future.
What are the Penalties for Forgery in Connecticut?
Forgery of any government-issued document is considered forgery in the second degree, which is a Class D felony. Under Connecticut law, a Class D felony is punishable by up to 5 years in prison, up to a $5,000 fine, and up to 3 years probation.
How to Get Your Forgery Charge Dismissed in Connecticut
UCONN students arrested for possession of a Fake ID, may be able to bypass trial altogether and seek the dismissal of their charge through the Accelerated Pretrial Rehabilitation program (often simply referred to as “AR”). Under C.G.S. § 54-56e, AR may be available for some Fake ID charges, if the court finds the individual is unlikely to commit future offenses.
Individuals who use AR must complete requirements specified by the court. If you fulfill all the requirements, the charges against you would be dismissed and expunged from your record. However, there are caveats to using this defense strategy for a felony offense that consulting with a fake ID lawyer could help clarify.
Contact a Top UCONN Fake ID Attorney Today
Every situation involving a student accused of forging or using a fake ID is unique. Fortunately, experienced attorneys understand the UCONN fake ID/forgery in the 2nd degree defense strategies available to students.
Seasoned lawyers know how local courts treat these cases and how to present the facts of their case in a favorable manner. Call our team of UCONN fake ID/forgery attorneys today.