Arrested for a Fake ID in Orlando? Felony vs. Misdemeanor Charges

By: John Guidry II

If you or your child has been arrested for possessing a fake ID in Orlando or another Central Florida college town, you are likely facing a terrifying situation. Police often arrest and book individuals on a 5-year felony charge, creating a permanent and damaging online mugshot, even when the facts only support a simple misdemeanor.

My name is John Guidry, and I’ve been defending clients against these charges since 1993. The good news is that an experienced defense attorney can often reduce these overcharged felonies to a misdemeanor or have them dismissed entirely. Understanding the difference is the first step.

Charged with a Fake ID in Orange, Osceola or Seminole County? Don’t let a mistake lead to a felony record. Call me, John Guidry, for immediate help. Call Now: (407) 423-1117

The Critical Difference: A 60-Day Misdemeanor vs. a 5-Year Felony

Florida law (Statute 322.212) draws a very clear line between two types of fake ID possession. The difference in penalties is massive.

Misdemeanor Fake ID: Altering Your OWN License

This is the most common scenario for individuals under 21.

• The Act: You possess your own, real driver’s license or ID card, but you have physically altered it in some way (e.g., changing the date of birth).
• The Charge: This is a second-degree misdemeanor, punishable by up to 60 days in jail, 6 months of probation, and a $500 fine.
• The Reality: Despite this being a misdemeanor, police will often arrest you for the felony version, which is why legal intervention is critical.

Felony Fake ID: Using a Forged or Borrowed ID

The charge becomes a much more serious felony in the following situations:

• The Act: You possess an ID that is not yours (like a sibling’s or friend’s), or one that is completely fabricated (e.g., ordered online or printed). This also includes possessing a fraudulent immigration document, like a fake green card.
• The Charge: This is a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.

How We Fight to Get Your Felony Charge Reduced or Dismissed

When I take on a fake ID case, my first action is to analyze the evidence. If you were arrested for a felony but only altered your own ID, I will immediately contact the State Attorney’s Office to argue that they have overcharged the case.

Our goal is to persuade the prosecutor to file the correct, lesser misdemeanor charge. From there, for most first-time offenders, we can often negotiate entry into a diversion program that will result in a complete dismissal of all charges, preserving your clean record.

Get an Experienced Orlando Fake ID Defense Attorney

A fake ID charge can have a lasting negative impact on your future. Don’t face it alone. I have been defending these allegations across Central Florida—Orange, Seminole, Osceola, Volusia, Lake, and Brevard counties—for over three decades. If you or a family member has been arrested, I hope you’ll call my office. I’m confident we can help you navigate this and achieve the best possible outcome.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.