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Category: Criminal Law
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Maximum penalty for violation of Virginia Criminal Code 18

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Maximum penalty for violation of Virginia Criminal Code 18.2-204.2

Good morning Earl,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Is your only question what the maximum criminal penalty is for the stated violation of the VA Criminal Code?


Was the document made for the purpose of changing the age of the person presenting the identification---of of some other factor?


What was the document produced?


Customer: replied 4 years ago.

The document was an expired US Military ID card. A xerox picture had been taked over the original and other obvious changes made to the card. It was never presented as a form of ID.


The card did not come into the officer's attention until he asked where the name came form which was on the uniform name tag since it was obviously a different name.


The officer had already examined my wallet and passed over the ID card unitl I responded to his question.


The card was not obtained via any illegal action, it was never used as identification, simply back up for a different name being on the uniform and it would never have passed even a cursory examination.


Repeating, the card was never presented to anyone as a form of identification.

Thanks for the additional information, Earl,

You have a couple of issues here. The forgery was clearly a state crime under VA laws, but it is also a Federal crime as it involves forgery of a federal identification card. The quality of the forgery is not an issue in guilt or innocence.

I will presume that you created the card.

Under VA law, the crime is a class 1 misdemeanor. Pursuant to

§ 18.2-11. Punishment for conviction of misdemeanor.

The authorized punishments for conviction of a misdemeanor are:

(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.


However, as the card was forged with the intent of changing the name, and not dimply the age of the individual, the prosecutor can bypass charging under 18.2-204.2, and see charges under 18.2-172, and this would make it a class 5 felony, for which the punishment could be:


§ 18.2-10. Punishment for conviction of felony; penalty.

The authorized punishments for conviction of a felony are:

(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.





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Customer: replied 4 years ago.

The charge sheet clearly states Class 2 Misdemeanor.


Does that affect the answer your provided or does it mean the charge sheet is incorrect and will be changed onthe trial date?

Good evening Earl,

If the charge is a Class 2 misdemeanor---then that is all that the charge will be. The prosecutor is responsible for the charge filed with the court.

It is unlikely that the charge would be upgraded for any reason.

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