Counterfeiting may sound like an outdated crime reserved for Hollywood movies and forged hundred-dollar bills, but the reality is that these charges are taken seriously at both the state and federal levels in California. From fake designer handbags to falsified currency and fraudulent checks, the term “counterfeiting” covers a wide range of alleged criminal behavior—and the penalties are severe.
If you’ve been accused of counterfeiting, your first priority should be securing an experienced criminal defense attorney. At Perlman & Cohen, we have represented clients across Los Angeles and the surrounding region who were charged with both misdemeanor and felony counterfeiting-related offenses. In this article, we’ll explain what qualifies as counterfeiting in California, what the penalties are, and how we build strong legal defenses for individuals accused of this serious crime.
In California, counterfeiting refers to the act of creating, altering, or possessing fraudulent documents, goods, or currency with the intent to defraud another party. While the public often associates counterfeiting with money, the legal scope of this crime is much broader.
Common examples of counterfeiting include:
Depending on the nature and extent of the alleged activity, counterfeiting can be prosecuted under California state law or federal law—or in some cases, both.
Several statutes under the California Penal Code address counterfeiting, particularly in relation to forgery and fraudulent documents.
Key provisions include:
Most of these offenses are considered “wobbler” crimes, meaning they can be charged as either misdemeanors or felonies depending on the circumstances and the defendant’s prior criminal history.
While California has its own statutes, counterfeiting often falls under federal jurisdiction when the crime involves:
Federal counterfeiting laws are codified under 18 U.S. Code § 471–476, which prohibit forging or dealing in counterfeit obligations or securities of the United States.
If you’re facing federal charges, you could be subject to:
Resource: United States Secret Service – Counterfeit Investigations
The penalties for counterfeiting vary widely based on the specific charge, the value of the fraudulent items involved, and the individual’s criminal history. For example:
Additional consequences may include:
Resource: California Legislative Information – Penal Code
Many counterfeiting arrests arise from routine traffic stops, surveillance operations, or business complaints. Others come from federal investigations conducted by agencies like the Secret Service, FBI, or Department of Homeland Security.
Typical triggers for a counterfeiting charge include:
Once law enforcement has probable cause, search warrants may be issued and formal charges can quickly follow.
Every counterfeiting case is unique, but successful defense strategies share one core value: a relentless review of the evidence and early legal intervention. At Perlman & Cohen, we begin each case with a forensic and factual deep-dive, identifying areas where law enforcement may have overstepped or where the prosecution’s case is based on assumptions, not facts.
Here are some of the strategies we deploy:
One of the essential elements of most counterfeiting charges is “intent to defraud.” If the prosecution cannot prove that you knew the items were counterfeit—or that you intended to use them deceptively—your case may be subject to dismissal or reduction.
If counterfeit materials were discovered during a traffic stop or search, we examine whether law enforcement had proper legal authority. Evidence obtained through unconstitutional search methods may be suppressed under the Fourth Amendment.
We often see cases where individuals were unaware they were in possession of counterfeit goods or were mistakenly associated with illegal operations through circumstantial evidence.
In sting operations or online transactions, defendants may be induced to commit a crime they otherwise would not have attempted. If we find that law enforcement crossed the line, we can argue entrapment as a defense.
If the evidence is strong but the offense is non-violent and involves a first-time offender, we may pursue alternative sentencing or pretrial diversion to protect your criminal record.
If you’ve been contacted by law enforcement or suspect you are under investigation for counterfeiting, do not speak to police or federal agents without a lawyer present. Anything you say can and will be used against you—even if you believe you’re helping yourself.
Here’s what you should do instead:
At Perlman & Cohen, we bring decades of combined experience in criminal defense and white-collar crime to each case. We have successfully defended clients facing both California state and federal counterfeiting charges.
We offer:
A counterfeiting charge can follow you for life—impacting your career, reputation, finances, and freedom. Whether you are accused of a one-time mistake or swept up in a broader investigation, the outcome of your case hinges on the quality of your legal representation.
Don’t wait to act. Early legal action is often the key to reduced charges, dropped cases, or more favorable outcomes.
If you are facing counterfeiting charges in California or believe you may be under investigation, contact Perlman & Cohen Los Angeles Criminal Lawyers for a confidential consultation.
We serve clients throughout Los Angeles and Southern California. Our attorneys are prepared to intervene early, protect your rights, and fight for your freedom.
Call (323) 458-5573 to get started.
