Similar to the crime of forgery, counterfeiting involves manufacturing falsified documents or falsely represented goods. Counterfeiting is classified as a white-collar crime and carries serious legal consequences under both federal and State law. The maximum punishment is a first-degree felony, which is punishable by up to 10,000 in fines and 5 to 99 years in prison.
If you have been charged with counterfeiting, then you understand the potential long-lasting consequences you could face. Aside from criminal penalties such as significant fines and a lengthy prison sentence, it can be difficult to gain employment and housing because of your criminal record. Thankfully, an arrest does not mean a conviction.
You can prioritize your future by seeking legal representation as soon as possible. Contact Goldstein & Orr to receive legal assistance.
San Antonio Counterfeiting Attorney, TX
Counterfeiting charges should be taken seriously. Often times, a conviction can result in a lengthy prison sentence and steep fines. If you have been arrested for counterfeiting, it’s important to contact a practiced and knowledgeable San Antonio counterfeiting attorney that can represent your best interests in court.
At Goldstein & Orr, defense lawyers Gerald Goldstein and Cynthia Orr carry in-depth experience in criminal defense and have represented thousands of clients charged with white collar crimes. Allow them to speak on your behalf and ensure your rights are protected.
Goldstein & Orr serves individuals throughout Bexar County, TX including nearby areas including Blanco County, Comal County, Atascosa County, Medina County, Bastrop County, Kerr County, Sutton County, Crockett County, Hays County, and Caldwell County.
- Counterfeiting in Texas
- Penalties for Counterfeiting in TX
- White Collar Crimes in San Antonio, TX
- Federal Penalties for Counterfeiting
- Additional Resources
Counterfeiting in Texas
Under Texas Law, the crime of counterfeiting is known as “trademark counterfeiting.” According to Texas Penal Code 32.23, an individual can be charged with trademark counterfeiting if he or she intentionally manufactures, displays, advertises, distributes, offers for sale, or sells a counterfeit mark or an item/service that:
- Carries or is identified by a counterfeit mark; or
- The person knows or should have known is identified by a counterfeit mark.
Per the statute, “counterfeit mark” is defined as a mark that is identical to or substantially indistinguishable from a protected mark which is not authorized by the owner.
For the defendant to be convicted of counterfeiting, the prosecutor must prove that he or she knowingly committed the crime. If the prosecutor cannot prove this legal element, the charges against the defendant should be dropped.
In cases like these, it’s best to secure the legal counsel of a practiced criminal defense lawyer to obtain the best possible outcome.
Penalties for Counterfeiting in TX
A conviction for counterfeiting can result in severe penalties including steep fines and imprisonment. Under Texas law, counterfeiting can be classified as a misdemeanor or felony depending on the nature of the offense and the retail value of the item or service. Penalties for the offense are as follows:
- Retail value of the item or service is less than $100 – Class C misdemeanor punishable by up to $500 in fines
- Retail value of the item or service is $100 or more but less than $750 – Class B misdemeanor punishable by up to $2,000 in fines and up to 180 days in jail
- Retail value of the item or service is $750 or more but less than $2,500 – Class A misdemeanor punishable by up to $4,000 in fines and up to 1 year in jail
- Retail value of the item or service is $2,500 or more but less than $30,000 – State jail felony punishable by up to $10,000 in fines and 180 days to 2 years in jail
- Retail value of the item or service is $30,000 or more but less than $150,000 – Third degree felony punishable by up to $10,000 in fines and 2 to 10 years in prison
- Retail value of the item or service is $150,000 or more but less than $300,000 – Second degree felony punishable by up to $20,000 in fines and 2 to 20 years in prison
- Retail value of the item or service is $300,000 or more – First degree felony punishable by up to $10,000 in fines and 5 to 99 years in prison
White Collar Crimes in San Antonio, TX
Counterfeiting is a serious charge that requires skilled and experienced legal representation. Thankfully, Goldstein & Orr have fought for clients who have been accused of white-collar crimes since 1968. Aside from counterfeiting, San Antonio criminal defense lawyer Gerald Goldstein and his legal team represent individuals accused of:
- Drug Crimes
- Domestic Violence
- Aggravated Assault
- Negligent Homicide
Federal Penalties for Counterfeiting
18 U.S.C. § 471 makes it a federal crime to defraud, falsely make, counterfeit, forge or alter any obligation or other security of the United States. Federal charges for counterfeiting can carry harsh penalties, including significant federal prison time. Per the statute, a person arrested for this offense can face up to 20 years in prison and up to $250,000 in fines.
If you are facing accusations for federal counterfeiting in Texas, we advise you to consult an experienced San Antonio counterfeiting lawyer at Goldstein & Orr as soon as possible. With over 70 years of combined experience, Gerald Goldstein and Cynthia Orr can form a strong defense for your case and protect your rights.
Texas Penal Code: Counterfeiting – Access the Texas Penal Code website to view Section 32.23 which constitutes the Trademark Counterfeiting crime. Learn what elements constitute the offense and how the state of TX penalizes the crime depending on the retail value of the item or service.
International AntiCounterfeiting Coalition: Counterfeiting – Click the link to visit the official website for the International AntiCounterfeiting Coalition which offers information regarding counterfeiting. Learn about what types of good can be counterfeited and how you can avoid purchasing “knockoffs.”
Counterfeiting Attorney, Bexar County, TX
If you or someone you know are facing charges for counterfeiting in San Antonio, TX, contact a criminal defense attorney at Goldstein & Orr to discuss your case. Gerald Goldstein and Cynthia Orr have been aggressively defending clients throughout Texas since 1968. With their skilled legal representation, they can fight to get your criminal charges reduced or dropped completely.
Do not be burdened with serious legal consequences such as imprisonment and heavy fines. Call (210) 226-1463 to schedule a free consultation today and have Goldstein & Orr construct a strong defense on your behalf.
Goldstein & Orr accepts clients throughout the State of Texas including Schertz, Sandy Oaks, Universal City, Live Oak, Selma, New Braunfels, Timberwood Park, Converse, Castle Hills, Balcones Heights, Olmos Park, Windcrest, Leon Valley, and Elmendorf. Goldstein & Orr also represents individuals in Kimble County, Pecos County, Reeves County, Culberson County, Hudspeth County, and La Salle County, TX.