The state of California can harshly punish individuals who possess fraudulent identification documents. The courts can also hand down steep penalties for anyone who creates these documents, using California Business and Professions Code Section 22430: Deceptive Identification Documents.
You can use this article to learn more about BPC 22430 charges focusing on:
- The legal uses of BPC 22430
- The results of a conviction for BPC 22430
- The defenses for BPC 22430 accusations
Find the information you’re looking for right here with the legal professionals at the Simmrin Law Group.
Defining the Uses of BPC 22430 in California
We mentioned that BPC 22430 is used to charge individuals who create deceptive identification documents. In fact, BPC 22430 can be used to prosecute anyone who:
- Sells, manufactures, furnishes, transports, imports, or offers to do any of these actions—
- Any document not issued by the federal government or a state government agency
- Any document that claims to be an identification document
- Any document that could appear to a reasonable person to be an identification document
Examples of Identification Documents in California
The state of California issues specific examples of identification documents, which can include but are not limited to:
- Driver’s licenses
- Birth certificates
- Identification cards
- Social Security cards
Exceptions to BPC 22430 Charges
Note that individuals are not forbidden from selling, manufacturing, transporting, importing, or furnishing these documents in all situations. These documents may be created and sold as long as they are also stamped with the statement: NOT A GOVERNMENT DOCUMENT. This stamp must be placed:
- Over the front of the document
- In permanent ink
- In at least 14-point type
If this precaution is taken, individuals should not be charged under BPC 22430. Individuals could also be able to show that they did not know their documents were going to be used fraudulently.
Charges Similar to BPC 22430 in California
California uses a number of other charges to handle the creation of fraudulent or counterfeited documents. The court system could charge an individual with:
- California Penal Code Section 350: Manufacturing or Selling a Counterfeit Mark
- California Penal Code Section 470: Forgery
- California Penal Code Section 470A: Forgery Of A Driver’s License
- California Penal Code Section 472: Forging Or Possessing A Fraudulent Public Seal
- California Business and Professions Code Section 21672(a): Manufacturing, Producing, or Distributing Counterfeit Sports Trading Cards
Other acts of fraud – including mortgage fraud – can also involve the creation of fraudulent documents. These criminal accusations are often handled by white collar crime lawyers in Los Angeles. All of these charges can lead to high fines and lengthy periods of incarceration.
Penalties for BPC 22430 Convictions in California
Individuals in California could face misdemeanor or felony charges for a BPC 22430 accusation. Generally, prosecutors consider an individual’s criminal history and the facts surrounding the current charge when determining how to handle a BPC 22430 charge. A conviction could lead to:
- Misdemeanor BPC 22430 conviction: up to one year in jail
- Felony BPC 22430 conviction: up to three years in prison
Criminal Defenses for BPC 22430 Accusations
You can get legal help on your side if you are accused of a BPC 22430 violation in California. You can start building a defense right away by reaching out to a criminal defense lawyer in Los Angeles. Your lawyer can go over all of your options. Based on your situation, a legal professional could argue that:
You Made It Clear Your Documents Were Not Official
As previously mentioned, you should not be charged under BPC 22430 if you stamped your documents to make it clear they were not government issued. If you followed this regulation then it shouldn’t matter how convincing the rest of your document was, you could avoid a BPC 22430 conviction.
You Didn’t Know Anyone Would Use Your Documents Fraudulently
Individuals should know – or have good reason to know – that their identification documents could be used fraudulently to be charged under BPC 22430. If you believed your documents would be used for strictly legitimate purposes, you may be able to beat a BPC 22430 conviction.
Focus on Your Defense After You Are Charged Under BPC 22430
Getting help right away can increase your chances of beating California Business and Professions Code Section 22430: Deceptive Identification Documents charges. Make sure you are ready to protect your future by contacting the Simmrin Law Group’s criminal defense lawyers in Los Angeles. You can call us now to get a FREE consultation.
Call (310) 997-4688 or complete our online contact form to start getting the legal advice you need now.