Blair Criminal Defense Lawyers | October 14, 2025 | Criminal Law
Charges related to counterfeit goods are a serious criminal matter in California, as the penalties could include jail time on top of substantial fines, in addition to collateral consequences. With how easily products can be distributed online, these cases have become increasingly common across the state.
If you’ve been accused of selling or dealing in fake designer items and/or other goods. Blair Defense can help you understand how the law treats these cases and what your options are.
What Does California Law Say About Counterfeit Merchandise?
Under California Penal Code §350, it’s illegal to willfully manufacture, sell, or possess for sale any counterfeit mark or trademark without the owner’s consent. A “counterfeit mark” includes fake logos, brand names, and labels designed to make consumers believe they are purchasing authentic goods.
Common examples include:
- Clothing or handbags with fake designer logos
- Counterfeit watches and jewelry
- Imitation electronics
- Bootleg software
- Knockoff shoes and sporting goods
To convict you, prosecutors must prove you knew the items were counterfeit and that you intended to sell or distribute them. Simply owning a fake item for personal use usually isn’t a crime unless there’s evidence you planned to profit from it.
Penalties for Counterfeit Merchandise Crimes
The penalties for violating Penal Code §350 depend on the value and volume of the counterfeit goods, as well as whether you have prior offenses.
If the total value of the fake merchandise is under $950, the offense is typically charged as a misdemeanor, punishable by:
- Up to one year in county jail; and/or
- Fines up to $10,000 for individuals or $200,000 for businesses
If the total value exceeds $950 or certain other factors are present (such as a prior criminal history or if more than 1,000 items were involved in the alleged offense), the case may be charged as a felony, which can carry:
- Up to three years in state prison; and/or
- Fines up to $500,000 for individuals or $1 million for businesses
In addition to these penalties, counterfeit goods are usually confiscated and destroyed, and convicted individuals may face restitution orders to compensate trademark holders for their losses.
Federal Counterfeiting Laws
Counterfeit merchandise can also lead to federal charges under the Trademark Counterfeiting Act of 1984. This might happen if the case involves interstate commerce or involves other considerations.
Federal penalties are much harsher and can include up to 10 years in federal prison and fines exceeding $2 million.
Defenses Against Counterfeit Merchandise Charges
An accusation doesn’t automatically mean a conviction. A skilled California criminal defense lawyer can review the facts of your case and identify possible defenses, which might include:
- Lack of knowledge: You didn’t know the items were counterfeit.
- No intent to sell: The goods were for personal use, not for distribution or sale.
- Unlawful search or seizure: Police obtained evidence through an illegal search, violating your Fourth Amendment rights.
- Mistaken identity or false accusation: Someone else may have been responsible for the counterfeit operation.
What’s critical to remember is that, in any event, prosecutors must prove intent beyond a reasonable doubt. Establishing that mental state isn’t easy and gives an experienced attorney lots of room to work with in terms of a defense.
Contact a Criminal Defense Lawyer for Help if You’ve Been Charged With Counterfeiting Merchandise
A conviction for counterfeit goods can have long-term consequences that you may not be able to ignore. However, you’re afforded many rights under the law, including that you’re presumed to be innocent until proven guilty.
If you’re facing counterfeit merchandise charges in California, contact a qualified criminal defense attorney with Blair Defense Criminal Lawyers as soon as you can. We can help you understand your rights and help you work toward a complete dismissal of your charges if possible.
For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation. Give us a call at (619) 357-4977, or visit our convenient location:
Blair Defense Criminal Lawyers San Diego
225 Broadway Suite 1740
San Diego, CA 92101
(619) 357-4977
24/7
