The state of California can harshly punish individuals who try to use fake identification, especially if they are trying to purchase alcohol. This act is generally prosecuted under California Business & Professions Code Section 25661: Possession or Presentation of False Identification by a Minor.
The legal professionals at the Simmrin Law Group can help you go over BPC 25661 charges. Use this article to learn more about:
- The Exact Definition of BPC 25661 Charges.
- The Results of a BPC 25661 Conviction.
- Some Legal Defenses for BPC 25661 Accusations.
- Charges Similar to BPC 25661.
BPC 25661: The Legal Definition
BPC 25661 charges only apply to minors. For the purposes of BPC 25661 charges, anyone under the age of 21 is considered a minor. Minors can face this criminal charge for purposefully presenting fraudulent identification in order to order, purchase, attempt to purchase, or attempt to procure alcoholic drinks.
The court system in California can also charge minors under BPC 25661 just for having fraudulent identification in their possession. According to BPC 25661, fraudulent identification can include written or printed documents that:
- Are False.
- Are Fraudulent.
- Belong to Someone Else.
BPC 25661: Examples
Man A is out at a bar with some friends to celebrate his 19th birthday. One of his friends gives him a fake ID as a present. Man A decides to use it at once and goes to buy a round for everyone. He could be convicted under BPC 25661.
Man B borrowed his older brother’s license to try to buy some beer at a nightclub. He decides to give it a try, confident that he will not be caught because he greatly resembles his brother. If caught, he could be prosecuted.
BPC 25661: Similar Charges
The legal system in California includes a number of charges designed to prosecute minors who obtain or attempt to obtain alcohol. These charges can include:
- Business and Professions Code Section 25658(b): Purchase or Consumption of Alcoholic Beverage by a Person Under 21.
- Business and Professions Code Section 25662: Minor in Possession of Alcohol.
Businesses and individuals that sell or give alcohol to minors can also face criminal charges. Examples of these charges can include:
- California Business and Professions Code Section 25658.2: Permitting Consumption of Alcohol by Minor Children with Subsequent Vehicle Collision.
- California Business and Professions Code Section 25658(a): Selling or Furnishing an Alcoholic Beverage to a Person Under 21.
- California Business and Professions Code Section 25665: Permitting a Minor in a Place Where Alcohol is Consumed.
Many of these charges are connected to regulations surrounding driving under the influence (DUI). DUI charges in California are often very severe.
BPC 25661: Penalties for a Conviction
Individuals who are convicted of a first-time BPC 25661 violation can face:
- Fines of at least $250.
- Community service of up to 32 hours.
A subsequent conviction for possessing or presenting false identification as a minor can result in:
- Fines of up to $500.
- Community service of up to 48 hours.
Any conviction under BPC 25661 can result in a driver’s license suspension of a year.
BPC 25661: Possible Legal Defenses
You can get help addressing charges for the possession or presentation of false identification by a minor by reaching out to a Los Angeles criminal defense lawyer. Go over all aspects of your case with your lawyer. Depending upon your unique circumstances, a legal professional may be able to argue that:
You Aren’t a Minor
No one over the age of 21 should be prosecuted under BPC 25661. However, this does not mean adults are allowed to possess false identification. In fact, individuals in this circumstance could still face charges under Penal Code Section 470(b).
You Weren’t Trying to Purchase Alcohol
BPC 25661 charges are used specifically to prosecute minors who attempted to use a fraudulent ID to buy or procure alcoholic beverages. If you possessed a false ID for a different purpose, you could avoid a BPC 25661 conviction.
You Were Subjected to an Unlawful Search
In many cases, fraudulent IDs are found by police officers who perform unlawful searches on minors. If you were searched in a way that violated your legal rights, the evidence against you could be blocked, allowing a lawyer to get your case dismissed.
Get Help with BPC 25661 Charges from a Lawyer
You don’t have to stand up to a California Business & Professions Code Section 25661: Possession or Presentation of False Identification by a Minor charge alone. The Simmrin Law Group can start building your defense today. Find out how we can help with a FREE consultation right now.