Penal Code § 470a PC – Forging or Counterfeiting a Driver’s License

California Penal Code § 470a PC makes it a crime to alter, falsify, forge or duplicate a driver’s license or a government-issued identification card. Doing so is a felony punishable by up to three years in jail or prison.

The language of the code section reads:

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.

Examples

• changing the person’s name that appears on a driver’s license or identification card.
• creating a fake driver’s license.
• changing the physical description or altering the photograph that appears on an ID card.

Defenses

People accused of this crime can challenge the accusation with a legal defense. A few common defenses include defendants showing that:

• they did not have a fraudulent intent,
• there was police misconduct, and/or
• law enforcement violated one of their constitutional rights.

Penalties

A violation of California Penal Code Section 470a is a wobbler. A wobbler is an offense that a district attorney can charge as either a misdemeanor or a felony.

While a misdemeanor crime under this statute is punishable by custody in county jail for up to one year, a felony conviction is punishable by up to three years in state prison.

Our California criminal defense attorneys will highlight the following in this article:

• 1. Elements of The Crime
• 2. Fighting The Case
• 3. Sentencing
• 4. Related Crimes

1. Elements of The Crime

A prosecutor must prove the following to convict a person under this statute:

1. the defendant altered, falsified, forged, duplicated, reproduced, or counterfeited a driver’s license or government-issued ID card, and
2. the accused did so with the intent that the driver’s license or identification card would be used to help commit forgery.¹

Under California law, “forgery” means knowingly altering, manipulating, or creating a written document or instrument with the intent to obtain an undeserved personal gain.²

For a conviction under this code section, it is not necessary that anyone actually is defrauded or actually suffer a loss as a result of the defendant’s conduct. The key focus is rather on whether the defendant had an intent to facilitate a forgery.

2. Fighting The Case

Criminal defense lawyers draw upon several legal strategies to contest criminal charges under this statute. Three common ones include lawyers showing that:

1. the defendant did not act with an intent to facilitate a forgery.
2. there was police misconduct involved.
3. law enforcement violated one of the defendant’s constitutional rights.

No intent to facilitate forgery

Recall that people are only guilty under this law if they acted with an intent to facilitate a forgery. This means it is always a defense for an accused to show that he/she did not act with this aim. Perhaps, for example, the defendant altered or forged a driver’s license to pull off a prank.

Police misconduct

It is a valid defense under this statute for accused people to show that there was some type of police misconduct involved. Maybe, for example, the police planted certain evidence on the accused. If misconduct, then a judge could exclude evidence from a case, reduce charges, or drop them altogether.

Violation of a constitutional right

Defendants in these cases can always try to challenge an allegation by showing that law enforcement officers violated one of their constitutional rights.

For example, maybe the police:

• conducted an unlawful search or seizure,
• stopped or arrested the defendant without probable cause,
• coerced a confession, or
• failed to read the defendant his/her Miranda rights.

If any of the above applies, then a judge could reduce or drop a defendant’s charges.

3. Sentencing

A violation of this law is a wobbler. A prosecutor can charge a wobbler as either a misdemeanor or a felony depending on:

• the defendant’s criminal history/criminal record, and
• the facts of the case.

Misdemeanor charges are punishable by:

• custody in county jail for up to one year, and/or
• a maximum fine of $1,000.³

Felony charges are punishable by:

• a state prison term of up to three years, and/or
• a maximum fine of $10,000.⁴

4. Related Crimes

There are three crimes related to forging or counterfeiting a driver’s license. These are:

1. forgery – PC 470,
2. forgery or counterfeiting of a public seal or corporate seal – PC 472, and
3. possession of counterfeit items – PC 475

Forgery – PC 470

Under Penal Code 470 PC, forgery is the crime where people falsify a signature or fraudulently alter certain documents.

“Certain documents” include:

• cashier’s checks,
• credit cards, and
• money orders.

As with violations of PC 470a, violations of this law are wobbler offenses.

Forgery or counterfeiting of a public seal or corporate seal – PC 472

Under Penal Code 472 PC, forgery or counterfeiting a public or corporate seal is the crime where people:

1. forge or counterfeit a public seal or a corporate seal, and
2. do so with an intent to defraud another person.

As with PC 470a, people are only guilty of breaking this law if they act with some type of fraudulent intent.

Possession of counterfeit items – PC 475

Per Penal Code 475 PC, possession of counterfeit items is the crime where people have counterfeit items on their person or within their control.

Like with charges under PC 470a, people can contest charges of breaking this law by showing that police committed some type of misconduct.

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