Counterfeiting Defense Attorney in Torrance

Counterfeiting Defense Backed by Experience in over 7,000 Criminal Cases

A counterfeiting allegation can involve counterfeit goods or trademarks, forged financial instruments, counterfeit currency, or related federal charges. The applicable statute, the required elements, and the potential exposure all depend on what was allegedly counterfeited, how much, and what conduct is charged. At Law Offices of J. Patrick Carey, we provide criminal defense representation for clients in Torrance and throughout the South Bay who are facing investigation, arrest, or charges in these cases.

Pat Carey is a former Los Angeles County Deputy District Attorney and a State Bar Board Certified Criminal Law Specialist, a designation held by approximately 400 of California’s approximately 250,000 licensed attorneys. With over 7,000 criminal cases and 65 jury trials, he brings direct knowledge of how prosecutors build these cases and where defenses can take hold. We review your facts, your documentation, and your available evidence from the first consultation forward.

If you’re facing counterfeiting charges in California, Contact a counterfeiting defense attorney in Torrance. Call (310) 695-1118 or reach out online for a confidential consultation.

Understanding California Counterfeiting Laws

California law addresses counterfeiting through several distinct statutes, not a single catch-all offense. The charged provision determines which elements the prosecution must prove, what penalties apply, and which defenses are available. We identify the precise statute at issue before developing a defense based on its elements and the available evidence.

Counterfeiting Goods & Trademarks (Penal Code § 350)

California Penal Code section 350 concerns the willful manufacture, intentional sale, or knowing possession for sale of a counterfeit mark registered with the California Secretary of State or the United States Patent and Trademark Office. Common examples include fake designer goods, apparel, or electronics bearing unauthorized marks.

• Penalty Structure: Section 350 distinguishes punishment ranges based on the number of articles involved, their retail or fair-market value, whether the accused is an individual or a business entity, and whether the offense is a subsequent conviction. The statute cross-references the grand-theft threshold for felony treatment; the current application of that threshold should be assessed at the time of the charge.
• Forfeiture and Restitution: A conviction under section 350 can result in forfeiture or destruction of counterfeit marks, goods, articles, and certain devices used to manufacture, reproduce, transport, or assemble the marks. The statute also provides for restitution to the trademark owner and other victims.

Forgery (Penal Code § 470)

California Penal Code section 470 addresses forgery involving documents, financial instruments, seals, handwriting, and other listed items when the required intent to defraud and knowledge elements are present. Conduct that may fall under this statute includes falsely making, altering, or forging checks, bonds, money orders, or government seals.

Possession of Forged or Counterfeit Items (Penal Code § 475)

Section 475 addresses knowing possession or receipt of forged, altered, or counterfeit items with the intent to pass them and defraud another person. The elements and current application of this provision should be confirmed against the charging document in any specific case.

Federal Counterfeiting Charges in the Central District of California

Some counterfeiting allegations move beyond California state court into the federal system. Los Angeles County falls within the Western Division of the Central District of California for federal jurisdiction, and federal statutes carry penalties that differ from their state counterparts.

• 18 U.S.C. § 471: This statute concerns falsely making, forging, counterfeiting, or altering an obligation or security of the United States with intent to defraud. The maximum statutory imprisonment term is 20 years.
• 18 U.S.C. § 2320: This statute addresses intentional trafficking in goods or services bearing counterfeit marks and certain counterfeit labels, packaging, or related materials. Penalties vary for first, subsequent, and aggravated offenses.

Federal jurisdiction may apply when the allegations involve United States obligations or securities, interstate or international activity, federal interests, or conduct charged under a federal statute. Whether a case proceeds in state or federal court depends on the facts, the charged statute, and the basis for federal jurisdiction. We handle both California criminal defense and federal criminal matters throughout the South Bay.

Penalties & Collateral Consequences of Counterfeiting Convictions

The consequences of a counterfeiting conviction depend on the charged statute, the facts of the case, the quantity or value involved, and prior criminal history. No single penalty range applies to every case.

Direct penalties may include:

• California Penal Code § 350: Punishment ranges vary based on the number of articles, value, individual versus business entity, and whether the offense is a subsequent conviction. Felony treatment follows the statute’s internal thresholds, which cross-reference the grand-theft amount.
• California Penal Code §§ 470 and 475: Potential custody terms, fines, and misdemeanor or felony treatment depend on the charged provision, the facts, and the current statutory framework.
• Federal Statutes: Section 471 carries a maximum statutory term of 20 years. Section 2320 provides different penalties for first, subsequent, and aggravated offenses. Federal sentences are served in federal custody, not county jail.

Collateral consequences may include:

• Asset Forfeiture: The court may order forfeiture and destruction of counterfeit items, manufacturing equipment, and related property, depending on the statute and the facts established at conviction.
• Professional Licensing: Convictions for crimes involving dishonesty can affect professional licenses in fields such as real estate, finance, law, and medicine. The impact depends on the licensing board, the offense, and the circumstances.
• Immigration: Immigration consequences for non-citizens depend on the specific charge, the statute of conviction, and individual immigration status. These consequences require fact-specific legal analysis and aren’t automatic in every case.
• Restitution: Certain statutes, including California Penal Code section 350, provide for restitution to trademark owners and other victims following conviction. The amount and application depend on the case.

Counterfeiting Defense: Key Issues in Case Analysis

Pat Carey’s background as a former prosecutor informs how we approach the evidence from the other side of the courtroom. We use that perspective to test the prosecution’s theory, charging decisions, and evidence. We review documentation, records, and available evidence with the specific charged statute in mind.

Defense issues we examine in counterfeiting cases include:

• Knowledge: Whether the prosecution must prove that the accused knew an item, mark, document, or currency was counterfeit depends on the charged statute. We examine the evidence bearing on that element.
• Intent to Defraud: Statutes such as Penal Code sections 470 and 475 and 18 U.S.C. section 471 require proof of intent to defraud. Lack of that specific intent is a substantive defense when the evidence supports it.
• Statutory Qualification: Whether the item qualifies under the charged statute, whether the mark was registered, and whether the prosecution can prove quantity, value, ownership, or trafficking are all contestable issues.
• Challenging Valuation: The quantity and value of alleged counterfeit goods affect both the charge level and the penalty range under California Penal Code section 350. We examine how the prosecution calculated those figures.
• Search, Seizure and Evidence: Search warrants, searches, seizures, electronic evidence, chain of custody, expert authentication, and statements to investigators may each require independent review. Evidence obtained through unlawful means may be subject to suppression.

No single defense applies in every counterfeiting case. The appropriate strategy follows from the evidence, the charged statute, and the procedural posture of the case.

Why Torrance Clients Choose Law Offices of J. Patrick Carey

At Law Offices of J. Patrick Carey, Pat Carey, a former Los Angeles County Deputy District Attorney, brings prosecutor-side insight to counterfeiting and other fraud-related cases.

His record includes over 7,000 criminal cases and 65 jury trials, providing substantial experience with negotiations, courtroom procedure, and trial preparation.

Pat is a State Bar Board Certified Criminal Law Specialist, a credential held by approximately 400 attorneys in California. We provide clear communication and 24/7 availability for clients facing local charges and federal criminal matters throughout the South Bay, including Manhattan Beach and Redondo Beach.

Our Process & What to Expect

We explain developments, court dates, legal terms, and next steps throughout your case.

• Initial confidential consultation: We review the available facts and documents, answer your immediate questions, and explain the potential consequences associated with the alleged conduct and charged statute.
• Thorough analysis: Our team investigates the facts, examines documentation, and identifies the strategies that may support your case based on the charged statute, the evidence, and applicable court procedures. We also determine at the outset whether the case is a state case, a federal case, or involves an ongoing investigation.
• Direct communication: You receive clear updates and guidance about your situation. If new information arises, we explain how it may affect your options and next steps.
• Negotiation and advocacy: Drawing from Pat Carey’s trial experience, we engage with prosecutors and, when appropriate, seek reductions or alternatives that serve your interests.
• Personalized representation: We tailor our preparation to your needs and the case facts, whether the next step involves motions, negotiation, litigation, or trial.

Frequently Asked Questions

What Happens After an Arrest for Counterfeiting in Los Angeles County?

The post-arrest sequence may include booking, a release decision, charging review, and arraignment. The specific process varies by the charge, custody status, jurisdiction, and procedural posture.

Are Counterfeiting Charges Handled by State or Federal Authorities?

Counterfeiting can be charged under California law or federal statutes. The charging document identifies the controlling statute and the forum.

What Are the Potential Penalties for Counterfeiting in California?

Penalties vary based on the specific statute charged, the quantity or value of items involved, and prior criminal history. The facts and the charged offense control the range.

How Can Legal Representation Make a Difference?

Our attorneys assess the prosecution’s evidence, identify possible legal issues or rights violations, and advocate for your interests through negotiation or trial. Early involvement allows us to evaluate whether the investigation is ongoing, what evidence exists, and what procedural options may be available.

What Should I Bring to My First Consultation?

Gather any documents related to your case, such as citation paperwork, court notices, or law enforcement materials, so we can review the relevant details and provide specific advice during your consultation.

Connect with a Counterfeiting Defense Attorney in Torrance

If you face counterfeiting allegations in Torrance or the surrounding South Bay communities, Contact Law Offices of J. Patrick Carey for a confidential consultation. We draw on former prosecutor experience, more than 7,000 criminal cases, and 65 jury trials to evaluate the evidence, explain the potential consequences, and identify the next steps available under the charged statute.

SCHEDULE A CONSULTATION

Call us at (310) 695-1118 or reach out online to discuss your counterfeiting case with our Torrance defense team.