Counterfeiting Serving Families Throughout Fresno & The Surrounding Areas

Counterfeiting Defense Attorney in Fresno

State & Federal Counterfeiting Defense for Fresno County Clients

A counterfeiting charge can move through either California state court or the federal system, and the path it takes shapes everything from the charges you face to the penalties at stake. At Sawl Law Group, Inc., our attorneys have handled criminal cases in both California state court and federal court, which is exactly the range of coverage this type of defense requires. With more than 40 years of combined criminal defense experience, we serve clients throughout Fresno County and investigate each case thoroughly to gather evidence, negotiate with prosecutors, and pursue the most favorable outcome possible.

If you’re facing counterfeiting charges or believe you’re under investigation, contact us now at (559) 205-7757 for a free initial consultation.

Why Counterfeiting Defense Requires Both State & Federal Court Experience

Counterfeiting can be charged under California Penal Code 350 or prosecuted federally under 18 U.S.C. 2320, depending on the scope and jurisdiction of the alleged conduct. A case involving a handful of items might stay in Fresno County Superior Court. One that crosses state lines or involves a larger distribution network can draw federal prosecution in the Eastern District of California. Our attorneys are experienced in both venues, and we know how the choice of forum affects strategy from the first hearing forward.

Our ability to leverage evidence effectively and anticipate legal challenges can increase the likelihood of charge dismissals or reductions. We’ve also built a working reputation with local judges and prosecutors, which supports productive negotiations at every stage of a case.

What the Law Defines as Counterfeiting

California Penal Code 350 makes it a crime to willfully manufacture, intentionally sell, or knowingly possess for sale any item bearing a counterfeit mark registered with the California Secretary of State or on the Principal Register of the U.S. Patent and Trademark Office. Simple possession isn’t enough for a conviction. The prosecution must prove the item was possessed with intent to sell, which creates a meaningful element to contest.

Federal law under 18 U.S.C. 2320, the statute governing trafficking in counterfeit goods, is broader in scope. “Trafficking” under that statute covers transporting, transferring, selling, importing, or possessing counterfeit goods with intent to distribute them for commercial gain. The key element the government must establish is that the defendant intentionally used a counterfeit mark while knowingly trafficking in those goods.

Penalty Ranges Under California & Federal Law

The stakes vary significantly depending on which system prosecutes the case.

California Penal Code 350 Penalties

Generally charged as a misdemeanor, punishable by up to one year in county jail
Becomes a wobbler (eligible for felony charges) when counterfeit goods exceed 1,000 units or $950 in value. A wobbler is an offense California prosecutors can charge as either a misdemeanor or a felony based on the circumstances.
A prior PC 350 conviction can result in felony charges on any subsequent offense, regardless of quantity or value
Conviction requires the court to order restitution to the trademark owner and any other victim

Federal 18 U.S.C. 2320 Penalties

First offense for an individual: up to 10 years in prison and a $2 million fine
Second or subsequent offense for an individual: up to 20 years in prison and a $5 million fine
Organizations face fines up to $5 million for a first offense and up to $15 million for subsequent offenses
Conviction at either level can also result in asset forfeiture, including the counterfeit goods themselves and any equipment used to manufacture or transport them

Start Your Defense With a Free Consultation

A counterfeiting charge carries serious consequences, but an accusation isn’t a conviction. The earlier we can review the facts of your case, the more options we may have. Sawl Law Group, Inc. offers a free initial consultation and affordable payment options so cost isn’t a barrier to getting the defense you need.

Call (559) 205-7757 to speak with a counterfeiting defense attorney in Fresno and take the first step toward protecting your future.

Defense Strategies in Counterfeiting Cases

After a thorough investigation, our legal team formulates defense strategies tailored to the specific facts of your case. Counterfeiting charges often rest on elements that can be challenged directly, and the right defense depends on whether the case is in state or federal court and what the evidence actually shows.

Common defense approaches include:

Lack of knowledge: Showing that you didn’t know an item was counterfeit, or had a reasonable basis to believe the goods were genuine, can undercut the intent element prosecutors must prove.
Personal use, not intent to sell: Because PC 350 requires proof of intent to sell, demonstrating that items were possessed for personal use rather than distribution is a valid and frequently effective defense.
Unlawful search or seizure: Evidence obtained without a valid warrant or in violation of your Fourth Amendment rights may be challenged and excluded, which can significantly limit the government’s ability to proceed.
Entrapment: If law enforcement induced or coerced you into committing an offense you wouldn’t otherwise have committed, entrapment may be a valid defense.
Parallel or gray-market goods (federal cases): In federal prosecutions under 18 U.S.C. 2320, goods obtained through legitimate parallel or gray-market import channels may not meet the legal definition of counterfeit.

After a Counterfeiting Arrest in Fresno

Following an arrest in Fresno, you’re taken to the Fresno County Jail for booking and processing before your arraignment. State-level counterfeiting charges are heard in the Superior Court of California, County of Fresno. Federal charges are heard in the U.S. District Court for the Eastern District of California at the Robert E. Coyle United States Courthouse in Fresno.

Early representation matters because it gives us the opportunity to evaluate the evidence and identify defenses before the government’s case is fully consolidated. Sawl Law Group, Inc. provides strategic counsel at every phase, from arraignment through plea negotiations and pre-trial motions, so your rights are protected from the start.

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