Bakersfield Counterfeiting Defense Attorney

What is Considered Counterfeiting?

Under both California and federal law, counterfeiting is generally defined as the unauthorized replication of something of value with the specific intent to defraud others. While many people immediately think of "funny money," the legal definition is much broader.

To secure a conviction, a prosecutor must typically prove two primary elements:

• The Act: You manufactured, sold, or possessed a counterfeit item (a replica that is not genuine).
• The Intent: You acted with the specific intent to defraud a person, business, or government entity.

In Bakersfield, these cases often arise from local flea markets, independent retail shops, or online platforms like Craigslist and Facebook Marketplace.

Common Counterfeit Items

Counterfeiting charges are not limited to currency. In modern commerce, intellectual property and brand protection are top priorities for law enforcement. Common items involved in Bakersfield counterfeiting cases include:

• United States Currency: Creating or passing fake Federal Reserve Notes ($20s, $50s, $100s).
• Luxury Goods: Purses, watches, and clothing featuring forged trademarks (e.g., Louis Vuitton, Chanel, Rolex).
• Government Documents: Forged driver’s licenses, Social Security cards, passports, or public seals (California Penal Code 472).
• Financial Instruments: Fake checks, money orders, traveler's checks, or lottery tickets.
• Consumer Electronics: "Knock-off" smartphones, headphones, or software.
• Pharmaceuticals: Counterfeit prescription medications, which often trigger enhanced penalties due to public safety risks.

State & Federal Counterfeiting Laws & Penalties

Counterfeiting can be prosecuted at the state level by the Kern County District Attorney or at the federal level by the U.S. Attorney’s Office for the Eastern District of California.

California State Law (Penal Code 350 & 470)

California often prosecutes counterfeiting under Penal Code 350 (Counterfeit Marks) or Penal Code 470 (Forgery).

• Misdemeanor: If the case involves fewer than 1,000 items or the total value is less than $950, it is typically a misdemeanor. Penalties include up to one year in county jail and fines up to $10,000.
• Felony (Wobbler): If the scale of the operation exceeds $950 or 1,000 items, or if you have a prior conviction, the state may charge it as a felony. This can result in up to three years in county jail and fines reaching $500,000 for individuals.

Federal Law (18 U.S.C. § 471 & § 2320)

Federal authorities usually step in for large-scale operations or currency crimes.

• Currency Counterfeiting (18 U.S.C. § 471): This carries a maximum penalty of 20 years in federal prison.
• Trafficking in Counterfeit Goods (18 U.S.C. § 2320): First-time offenders can face up to 10 years in prison and fines up to $2 million.

Legal Defenses to Counterfeiting Charges

The burden of proof lies entirely on the prosecution. To win, they must prove you knew the items were fake and intended to cheat someone. Our firm utilizes several proven strategies to defend our clients:

• Lack of Intent to Defraud: This is the most common defense. If you genuinely believed the items were authentic or you had no intention of passing them off as real, you have not committed a crime.
• Mistake of Fact: You may have purchased a "Louis Vuitton" bag at a garage sale and later tried to sell it, truly believing it was the real deal.
• Illegal Search and Seizure: Many Bakersfield arrests happen after home or vehicle searches. If the Bakersfield Police or Kern County Sheriff violated your Fourth Amendment rights (e.g., searching without a valid warrant), we can move to suppress the evidence.
• Entrapment: If law enforcement agents induced or coerced you into committing a counterfeiting crime that you were not otherwise predisposed to commit, this may serve as a complete defense.