Counterfeiting is a serious offense that carries equally serious legal consequences. A conviction could lead to imprisonment, fines, and probation. Given the potential fallout, it’s important to enlist the help of a knowledgeable counterfeiting defense attorney in New York.

At The Law Offices of Julie Rendelman, we’ve helped many New York residents navigate their cases and can help you do the same. Julie Rendelman, an experienced criminal defense attorney, aims to provide clarity and effective representation for individuals accused of such an offense. If you’re facing counterfeiting charges, don’t hesitate to contact us today.

What is Counterfeiting?

Counterfeiting involves the unauthorized copying or reproduction of a product, currency, or document with the intent to deceive others into believing it is genuine. Common examples include:

• Producing fake currency
• Manufacturing counterfeit goods, such as designer handbags or electronics
• Forging official documents, such as passports or checks

Both the federal government and individual states, including New York, treat counterfeiting as a serious crime due to its potential to harm people, businesses, and the economy. In New York, counterfeiting is typically prosecuted under the state’s forgery and trademark counterfeiting statutes.

Understanding New York’s Counterfeiting Laws

New York’s counterfeiting laws differentiate between multiple types of these offenses. Certain laws apply to forgery and related offenses and trademark counterfeiting.

Forgery and Related Offenses

Under New York Penal Law Article 170, forgery and criminal possession of forged instruments are closely tied to counterfeiting activities. These laws criminalize the falsification of written instruments with the intent to defraud, deceive, or injure another party.

They include:

• Forgery in the Third Degree (N.Y Penal Law §170.05): A misdemeanor offense that involves creating or altering a written instrument with the intent to defraud.
• Forgery in the Second Degree (N.Y. Penal Law §170.10): A felony offense that involves forged documents, such as public records, deeds, or credit cards.
• Forgery in the First Degree (N.Y. Penal Law §170.15): A more severe felony offense that applies to the forgery of financial instruments, such as money or securities.

The specific penalties for forgery vary based on the degree of the offense. On the lesser end of the spectrum, penalties include probation and fines, while on the felony side, punishments may include years of imprisonment.

Trademark Counterfeiting

New York Penal Law Article 165.71-165.73 defines trademark counterfeiting as the unauthorized use of a trademark to manufacture or sell fake goods. The degree of the offense hinges on the monetary value of the counterfeited merchandise:

• Trademark Counterfeiting in the Third Degree (§ 165.71): This applies to items valued at $1,000 or less and is considered a Class A misdemeanor.
• Trademark Counterfeiting in the Second Degree (§ 165.72): This covers items valued between $1,000 and $100,000 and is considered a Class E felony.
• Trademark Counterfeiting in the First Degree (§ 165.73): This applies to items that exceed $100,000 in value and is considered a Class C felony.

If convicted of these offenses, you may face fines, forfeiture of counterfeit goods, and years of imprisonment.

Potential Defenses to Counterfeiting

If you are facing charges of counterfeiting, a skilled criminal defense attorney can explore multiple defenses based on the specifics of your case. Not all common defenses apply, but strategies may include:

Lack of Intent

The intent to defraud is an integral element of counterfeiting charges. If your attorney can demonstrate that you lacked the intent to deceive or were unaware of the counterfeit nature of the items in question, the charges against you may be reduced or dismissed altogether.

Insufficient Evidence

The burden of proof lies with the prosecution in counterfeiting cases. This means that they have to prove beyond a reasonable doubt that you committed the offense. Challenging the evidence, whether through questioning the authenticity of the evidence, the reliability of the witnesses, or any procedural error, can help weaken the case they’ve built against you.

Duress or Coercion

If you were threatened or otherwise forced to carry out the counterfeit activities, your lawyer may use duress or coercion as part of your defense strategy. Of course, you must provide credible evidence that backs your claim of coercion.

Entrapment

Entrapment occurs when law enforcement induces a person to commit a crime they would have otherwise not committed. If this is found to be the case, you may be fully acquitted.

Mistaken Identity

Counterfeiting investigations can involve multiple suspects. Unfortunately, suspects are, in some cases, wrongfully identified as the perpetrator of the crime. If you were wrongly identified or implicated, proving mistaken identity can be a viable defense.

Constitutional Violations

The United States Constitution offers multiple inherent protections. If your rights were violated during an investigation or arrest—for example, through illegal search and seizure—your attorney may move to suppress the evidence that law enforcement obtained unlawfully.

The Role of a New York Counterfeiting Defense Attorney

When facing counterfeiting charges, help from a skilled NY counterfeiting defense attorney is invaluable. Your criminal defense lawyer can help you navigate the process and understand your options, giving you the information you need to make informed decisions.

Our experienced team at The Law Offices of Julie Rendelman can help you through every stage. We will:

• Evaluate your case to identify strengths and weaknesses
• Formulate a tailored defense strategy based on the circumstances of your situation
• Represent you in court proceedings
• Analyze the evidence presented by the prosecution, identifying any weaknesses or inconsistencies
• Challenge the prosecution’s evidence, such as the authenticity and reliability of evidence, witnesses, and procedural methods used by law enforcement
• Negotiate with the prosecution, as needed, to potentially reduce charges or penalties
• Advocate for your best interests and confirm your constitutional rights are upheld

Contact The Law Offices of Julie Rendelman for Help With Your Counterfeiting Case

Facing counterfeiting charges can be both overwhelming and frightening, especially if you were unwittingly part of the situation. If convicted, you could face severe penalties, including fines, imprisonment, and a lasting criminal record. However, with help from The Law Offices of Julie Rendelman, you can effectively challenge the charges against you and protect your future.

Julie Rendelman specializes in criminal defense, including counterfeiting and other white-collar crimes in New York. If you’re facing counterfeiting charges, don’t hesitate to contact us. Start with a free consultation by filling out our online contact form or calling (212) 951-1232.

Frequently Asked Questions (FAQs)

Is Counterfeiting a Felony?

The level of offense, either misdemeanor or felony, depends on the type of counterfeiting. In most cases, counterfeiting is considered a felony. Forgery and trademark counterfeiting in the third degree are two offenses that are considered misdemeanors in New York.

What is the Punishment for Counterfeiting?

The penalties for counterfeiting in New York vary based on the degree of the offense. They can include fines, probation, and imprisonment, with the specifics hinging on the severity and classification of the offense.

How Long Do You Get for Counterfeiting in NY?

The jail or prison sentence for counterfeiting in New York hinges on the level of the offense. Sentences range from up to one year for low-level offenses to over two decades for more serious offenses, such as counterfeiting money or high-value goods.