Counterfeiting is a broad term that can apply to checks, watches, handbags, clothing, money, pirated movies and more.  Because the term is broad, different penal code section, and therefore very different penalties can apply, depending on the alleged conduct and the exact charges.  Counterfeiting US Dollars or even a foreign currency, can be the most serious of these offenses, punishable in Federal court by up to 20 years in prison.  Selling "bootleg" DVD's, on the other hand is a substantially less serious offense, generally charged as a misdemeanor.  Another aspect of counterfeiting crimes is that they can come with stiff monetary penalties, including fines to the court and restitution to the intellectual property owners.

The sale of counterfeit goods is very common in Los Angeles.  With a large tourism industry, close proximity to Mexico, and significant ties to China and Korea, LA is well-known for counterfeit goods.  From Santee Alley in Downtown Los Angeles, throughout many of the neighborhoods across LA, the sale of counterfeit watches, pirated DVDs, counterfeit clothing, etc. run rampant.  While this type of crime is minimally harmful to society, it is taken very seriously by law enforcement, prosecuting agencies and courts in California.  The LAPD claims that most counterfeit goods are trafficked by criminal street gangs and that the sale of counterfeit goods has become second only to the drug trade in terms of revenue for gangs.  This is probably an exaggeration by law enforcement, but has nonetheless led to vamped up efforts to curtail the sale of counterfeit goods and pirated movies and music.  Counterfeit currency is less common, but significantly more serious, often charged in federal court or as a felony in state court.  Counterfeit or forged checks or other documents can also lead to serious charges.  The following is a breakdown of the various charges relating to counterfeiting in California:

MANUFACTURE / SELL / POSSESS FOR SALE COUNTERFEIT GOODS - PC 350 (STATE) / 18 U.S.C. § 2320 (FEDERAL)
Penal Code Section 350 prohibits willfully manufacturing, intentionally selling, or knowingly possessing for sale any counterfeit mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office.  A first offense involving counterfeit goods valued up to $1000 is a misdemeanor, punishable by up to one year in county jail.  In cases involving a second or subsequent offense, or a value of goods in excess of $1000, manufacture, sale or possession for sale of counterfeit goods can be charged as a felony, punishable by up to 3 years.  If you or a loved one has been arrested or charged with a crime relating to the sale or manufacture of counterfeit goods, contact us now for a Free Consultation with a Los Angeles Criminal Lawyer.

COUNTERFEIT CURRENCY - PC 480  (STATE) / 18 U.S.C. § 471 (FEDERAL)
Generally speaking, counterfeit currency crimes will be covered by federal law, pursuant to Title 18 of the United States Code, Chapter 25.  Nevertheless, California has laws that govern the possession or manufacture of dies or plates for minting gold or silver coins, or manufacturing counterfeit gold bars, coins, nuggets or bullion. 

CHECK FORGERY - PC 470
California law also makes it illegal to forge a signature on a check, changing information on a negotiable instrument (a check, money order, bond or other investment security), or even fabricating a lottery ticket.  If the value taken exceeds $950, then forgery will likely constitute a felony.  Forgery not for monetary gain can still be charged as a felony.

Counterfeit laws can apply to piracy of media (movies, music, etc.), copyright infringement with clothing and jewelry brands, counterfeit currency, counterfeit checks, and much more.  Any crimes involving counterfeit laws will be treated very seriously and require an aggressive, knowledgeable defense attorney to protect you.

Counterfeiting in California requires intent. Accordingly, lack of knowledge and intent are viable defenses in counterfeit cases.  There may also be an argument that the evidence (counterfeit goods) or statements were obtained in violation of constitutional rights.  For example, if the police conducted an unlawful search to uncover the counterfeit goods, then that evidence may be excluded on defense motion.  Additionally, a confession of ownership, intent to sell, etc. cannot be used if the confession was obtained in violation of the defendant's Fifth Amendment rights.  There are many possible defenses that may apply in a counterfeiting case, and a thorough defense involves a careful review of the case to determine the best course of action.  If you or a loved one has been arrested or charged with a crime in Los Angeles, contact us now for a Free Consultation with a Los Angeles Criminal Lawyer.  213-375-3775.