Fresno Counterfeiting Defense Attorney

Over 25 Years of Federal & State Trial Experience Defending Fresno Clients

Counterfeiting charges, whether brought under state law or prosecuted federally by the U.S. Attorney’s Office, carry consequences that can reshape every part of your life. At Schweitzer & Davidian, we defend individuals facing these charges with over 25 years of combined trial experience at both the state and federal levels. Eric Schweitzer and Annie Davidian have stood across the courtroom from some of the most formidable federal prosecutors in the country, and they bring that depth to every client we represent in Fresno and throughout the Central Valley.

Federal counterfeiting cases in Fresno County are heard in the U.S. District Court for the Eastern District of California. These cases move differently than state prosecutions. The U.S. Attorney’s Office commits investigative resources that most defendants underestimate, often working alongside the Secret Service, FBI, or Department of Homeland Security before charges are ever filed. If you’re facing counterfeiting allegations, a counterfeiting defense attorney who understands federal procedure isn’t optional. It’s critical.

We offer a free initial consultation. Contact us today to discuss your situation and understand your options before taking another step.

Call Schweitzer & Davidian today at (559) 206-2322 or contact us online to schedule a consultation with our counterfeiting lawyer in Fresno.

What Counts as Counterfeiting?

Counterfeiting is a white-collar crime involving the creation, distribution, or possession of counterfeit goods or currency with intent to deceive. The conduct that triggers charges is broader than most people expect. Federal counterfeiting of currency falls under 18 U.S.C. § 471, which prohibits falsely making, forging, counterfeiting, or altering any obligation or security of the United States. Trafficking in counterfeit goods is separately covered under 18 U.S.C. § 2320. California Penal Code § 475 addresses possession or use of counterfeit financial instruments at the state level.

Counterfeiting charges typically fall into four categories:

• Counterfeit Currency: Producing, using, or possessing fake bills or coins is a serious federal offense with potential prison exposure of up to 20 years under 18 U.S.C. § 471.
• Counterfeit Goods: Manufacturing, selling, or possessing counterfeit clothing, electronics, pharmaceuticals, or luxury items can lead to federal and state charges under trademark counterfeiting statutes.
• Intellectual Property Counterfeiting: Reproducing and selling items that bear the trademarks or logos of legitimate companies without authorization violates both trademark and criminal law.
• Counterfeit Identification Documents: Creating or using fake driver’s licenses, passports, or social security cards carries severe penalties under both state and federal law.

Possession of counterfeiting tools, including specialized printers, pre-cut paper sheets, or ink formulated to replicate currency stock, can itself constitute a separate charge even when no counterfeit item has been distributed.

Penalties for Counterfeiting in California & Federal Court

The range of potential consequences depends on whether charges are brought at the state or federal level and on the scale of the alleged operation. A conviction for counterfeiting currency under 18 U.S.C. § 471 can result in up to 20 years in federal prison. Because defendants in the federal system generally must serve at least 85 percent of their sentence before any release consideration, that exposure is real time.

At the state level, California Penal Code § 475 is a wobbler offense: it can be charged as a misdemeanor, carrying up to one year in county jail, or as a felony, carrying up to three years in state prison. Trademark counterfeiting under California Penal Code § 350 can result in fines reaching $500,000 for large-scale operations. When two or more related felony counts produce financial losses exceeding $100,000, white-collar crime sentencing enhancements can increase both prison terms and fines further.

Beyond incarceration and fines, courts frequently order:

• Restitution: Payments to businesses or financial institutions that suffered documented losses as a result of counterfeiting activity.
• Asset Forfeiture: Seizure of equipment, property, and any funds the government can tie to the counterfeiting operation.
• Criminal Record: A permanent conviction that can affect employment, professional licensing, and other areas of your personal and professional life for years beyond the sentence itself.

Defense Strategies Against Counterfeiting Charges

Federal prosecutors must prove intent to defraud as a required element of most counterfeiting charges. That requirement is often the most difficult part of the government’s case to establish, and it’s frequently where the defense has the greatest leverage. At Schweitzer & Davidian, Eric Schweitzer and Annie Davidian are recognized for their litigation skills and thorough understanding of both state and federal criminal defense strategy. We’re prepared to take a case to trial when that serves your best interests, and we work to reduce penalties through negotiation when the facts support it.

Common defenses against counterfeiting charges include:

• Lack of Intent: If you possessed or created counterfeit items for artistic or prop purposes, or were genuinely unaware the items were counterfeit, intent to defraud may not be provable. Many counterfeiting charges stem from routine traffic stops or business complaints where the accused had no knowledge that the goods were fake.
• Mistaken Identity: Witness identification and surveillance evidence can be challenged for accuracy, particularly in cases where multiple individuals had access to the same location or materials.
• Insufficient Evidence: If the quality of alleged counterfeit currency was so poor it couldn’t deceive an ordinary person, it may not satisfy the legal definition under 18 U.S.C. § 471. In counterfeit goods cases, items imported through parallel or gray-market channels may not qualify as counterfeit under 18 U.S.C. § 2320.
• Unlawful Search & Seizure: Fourth Amendment protections apply in federal investigations just as they do at the state level. Evidence obtained through an unlawful search can be suppressed through a motion before trial.
• Entrapment: When law enforcement induced a person to commit an offense they wouldn’t otherwise have attempted, entrapment may be a valid defense.
• Procedural Errors: Challenges to chain of custody, evidence handling, or procedural errors at the arrest or investigation stage can weaken the prosecution’s case significantly.

What a Federal Counterfeiting Charge in Fresno Actually Means

Federal counterfeiting investigations are typically more thorough and resource-intensive than state-level investigations. Agencies including the Secret Service, the FBI, and the Department of Homeland Security often conduct surveillance operations, gather financial records, and build cases over months before an arrest. By the time charges are filed, the government has usually assembled a substantial evidentiary record. That’s precisely why early legal intervention matters.

We know the Central Valley legal system and have represented clients in state and federal courts throughout the region and Northern California. Our approach is straightforward: we analyze the specific facts of your case, identify every viable defense, and keep you informed and involved at every stage. We handle Spanish-language cases and provide bilingual legal services. We take only cases in which we have a fair chance of winning, which means clients who work with us receive focused, dedicated attention rather than a generic defense strategy.

If you’re facing counterfeiting allegations in Fresno and don’t know where to start, contact us. We can tell you where you stand.

Contact Our Counterfeiting Defense Lawyer in Fresno

Time matters in a federal counterfeiting case. The sooner you have legal representation, the more options we can evaluate before the government’s case is fully consolidated. Schweitzer & Davidian offers a free initial consultation, and we can move quickly when your situation requires it. Reach out by phone or through our contact form to get started.

Contact Schweitzer & Davidian today to get started with our Fresno counterfeiting attorney.