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.
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"They made what was a bad situation into a calm and comforting one."
Sawl Law Group was great experience. They made what was a bad situation into a calm and comforting one. I would recommend them to anyone.
- Everardo G. -
"They were able to lower my DUI to a much lesser charge of “Wet Reckless” saving me thousands of dollars, and time. So thank you Sawl Law Group, Claudia, and Michelle."
I just wanted to say a few things about Sawl Law Group. I had never needed to hire an attorney before, so I didn’t know what I was doing, or what to expect. When i had just been charged with a DUI; I had a pile of law offices to choose from. The first one that stood out was Sawl Law Group. They were very professional, and welcoming. Claudia made a long drive, just to meet with me face to face, and have a short conversation about my case, and my options. She made me feel confident that I could do much better than I had hoped. Claudia paired me up with Michelle, the attorney that would then, represent me. She took care of all my court dates (after signing a document of course) which was especially helpful with my crazy work schedule. Not only that, but they were able to lower my DUI to a much lesser charge of “Wet Reckless” saving me thousands of dollars, and time. So thank you Sawl Law Group, Claudia, and Michelle. And to anyone else who finds themselves in a bind; I definitely recommend starting here!
- Justin R. -
"I highly recommend Martin Taleisnik to anyone needing legal representation and would seek him out again, if needed."
Our Experience with the Sawl Law Group was only positive. My adult son was in serious trouble and refused to follow our extended family’s advice on how to plea, so as to enable him to get the help we thought he needed. Martin Taleisnik represented us and went above and beyond his call-to-duty on repeatedly meeting with our son and trying to talk sense into him. Because of his familiarity with the D.A.’s and judges, he was able to counsel us as to what to expect and whom to avoid, if possible.
All we were concerned about was that my son would get a fair hearing and not be swept aside by the court process. During one court appearance, Mr. Taleisnik was in the judge’s chambers for over 20 minutes, presenting the mitigating factors in my son’s case. At the sentencing hearing, Mr. Taleisnik gave an impassioned speech to the judge which persuaded the judge to give my son probation. During that speech, a female sitting behind us in court tapped us on the shoulder and told us that she was impressed by our attorney.
Regarding the fee. We were quoted a reasonable global fee that would cover anything that would transpire, short of a trial. My son’s case was continued almost monthly for 6 months, due to his co-defendant and other court procedures. Mr. Taleisnik was always there, on time, and would speak to us afterward in the hall, at length, about what the proceedings meant and what the next step was.
I highly recommend Martin Taleisnik to anyone needing legal representation and would seek him out again, if needed.
- Chanah C. -
"This was such a relief to me. My fee was very affordable, and I was able to be put on a payment arrangement. I couldn’t of asked for better service."
Sawl Law Group was such a big help to me. I would definitely recommend anyone who needs a lawyer to them. I currently live in a different state and was unable to appear in court. Sawl Law Group stood in on my behalf. I was so grateful. In the end my warrant was recalled, and I was able to complete the stipulations of my case in my current state. This was such a relief to me. My fee was very affordable, and I was able to be put on a payment arrangement. I couldn’t of asked for better service. My person of contact was Claudia, and she was very helpful, and informative. She answered all my questions, always contacted me back when a message was left, and was always available for me. She walked me through the whole process and I appreciate her support. I just want to thank my lawyer Michelle for working on my behalf and Sawl Law Group for helping me out when I most needed it. So if your searching for a good lawyer who would work on your behalf, please choose Sawl Law Group.
- Michelle G. -
"The Sawl Law Group really, really did an outstanding job for me. They were very invested in my interest to pursue a dismissal for some things I did as a young man."
The Sawl Law Group really, really did an outstanding job for me. They were very invested in my interest to pursue a dismissal for some things I did as a young man. We won the dismissal and my attorney Michelle did a great job and was really caring about my situation. I definitely recommend this group to anyone seeking legal representation!
- Rodney M. -
"Corina is always responsive and makes you feel like a friend."Corina Burchfield walked me step by step through the whole process she is very professional definitely recommend her. She is always responsive and makes you feel like a friend.- Google Review - Brianna M.
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"Previous lawyers did not meet my expectations with their professionalism, concern or attentiveness. Sawl Law Group was very welcoming and understanding."
This was the first time I had ever been involved in any situation like this. I had spoken with a few lawyers before heading to Sawl Law Group. The previous lawyers did not meet my expectations with their professionalism, concern or attentiveness. Sawl Law Group was very welcoming and understanding.
They took immediate ownership of the problem at hand. This problem had wrecked havoc on my life by draining my time and my finances. Sawl Law Group was affordable and handled the case so I wasn’t required to miss work and physically be present. I would highly recommend Sawl Law Group to friends, family and anyone who needs a tough lawyer to receive justice.
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"Had it not been for Sawl Law Group, I would not have been as far as I am today in my military career."This is by far the most experienced and professional team of lawyers I've had the pleasure of working with. The staff was amazing, polite and very attentive to all my questions and needs regarding my case. Mr. Taleisnik was very reassuring regarding the best possible outcome for my case. While preparing my case I was kept well informed and was consistently and accurately updated with any new information. Had it not been for Sawl Law Group, I would not have been as far as I am today in my military carrier. I highly recommend this professional and well experienced team of attorney's.- James M.