FAKE IDs - SERIOUS CONSEQUENCES

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

Every year there appears to be a rise in the use of fake identification cards by students.   Many teenagers have obtained fake identification cards or driver's licenses, or used another person's driver's license or identification card, in order to purchase alcohol or get into entertainment establishments where they would normally not be permitted.  The fake IDs of course show them to be older than they actually are, usually twenty-one (21) years or older for alcohol related activities and eighteen (18) years or older to get into some night spots.

Some parents have indicated to me that some kids feel the possession and use of the fake IDs are not a big deal.  Those parents would like to know what the possible legal consequences are concerning the fake IDs.

Under Kentucky law, it is illegal to knowingly provide false information in obtaining a driver's license or identification card.  It is also illegal to possess and/or use a fictitious operator's license or identification card or to have or use a driver's license that has been cancelled, revoked, suspended or which belongs to another person.  It is also illegal to have more than one (1) operator's license.

Contrary to what most minors think, violations of the laws mentioned above concerning fake IDs carry very serious penalties, ranging from a Class B Misdemeanor to a Class D Felony.  Someone possessing or using a fake ID can be charged with Criminal Possession of a Forged Instrument which is a Class D Felony, punishable by up to five (5) years in jail and up to a Ten Thousand ($10,000.00) Dollar fine.  They could also be charged under Kentucky's Traffic Code for Prohibited Uses of Driver's Licenses which is a Class B Misdemeanor punishable by up to ninety (90) days in jail and up to a Two Hundred Fifty Dollar ($250.00) fine.

Obviously, very serious consequences are possible as mentioned above for minors using fake IDs.  I strongly encourage all parents to make their children aware of these serious consequences.  Invariably in the past, kids and their parents are shocked when they wind up in Court being charged with a felony and/or misdemeanor for the kids using or merely possessing fake identification cards or driver's licenses.

If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.gov, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.

CLASSES OF CRIME

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

Recently, a reader asked about what types and classes of crime exist.  A crime is an unlawful act that is punished by the Commonwealth.  Crimes are divided into three types: felonies, misdemeanors, and violations.  A crime is placed into that type based on the severity.  Similarly, crimes of each type are further divided into classes.  Below I will briefly overview each of the types and related classes of crime. 

Violations

Violations are the least serious crimes a person can be charged with.  People charged with violations are usually cited for traffic violations like speeding, improper lane usage, and careless driving.  There are no classes of violations and they are heard in District Court.  The maximum penalty for a violation is $250 plus court costs.  The Campbell County Attorney’s Office handles approximately 6,000 violations each year. 

Misdemeanors

Misdemeanors are divided into two classes (A and B) and are heard in District Court.  Class A misdemeanors are the most prevalent and most serious. Class A misdemeanors include drug paraphernalia, assault, and bad check under $500. Also, serious traffic offenses, for example, DUI, driving on suspended license, can be listed as Class A misdemeanors.  Class A misdemeanors are crimes with a maximum sentence of no more than one year in jail and a $500 fine plus court cost.  The difference between Class A and Class B misdemeanors is that the maximum punishment is limited to 90 days jail for Class B misdemeanors. The Campbell County Attorney’s Office handles approximately 3,000 misdemeanors each year.

Felonies

Felonies are the most serious criminal offenses and each carry a maximum penalty greater than one year in prison. An easy way to distinguish a felony from a misdemeanor is to look at the penalty for the offense.  If the penalty is for more than one year imprisonment, the offense is a felony.  If the penalty is less than one year imprisonment, then it is a misdemeanor. 

In Kentucky, felonies are divided into four classes (A, B, C, and D).  Felony charges include murder, assault with serious injuries, armed robbery and grand larceny.  Commonly, felonies are brought against people charged with drug-related offenses and other theft offenses.  All cases that involve at least one felony are decided in Circuit Court.  Each class of felony is based on the potential penalty.  For example, Class A felony imprisonment is 20 to 50 years, or life, whereas Class B is 10 to 20 years, Class C is 5 to 10 years, and Class D is 1 to 5 years.  Generally, our office’s involvement in felonies is limited to drafting the criminal complaint, search warrants and arrest warrants in certain cases.  The Commonwealth Attorney’s Office primarily prosecutes felonies.

Once a person is charged with a crime, most commonly by the police, the prosecution of the accused is a step by step process that can often be long, complicated, and confusing.  Should you, a loved one, or a friend ever find yourself in such a predicament, you should contact an experienced criminal defense attorney to help you.

I hope this information is interesting and helpful.  If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.gov, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071