Defending Forgery and Counterfeiting Charges in Tucson, Arizona  Counterfeit US Currency is one of many forms of forgery/counterfeiting. A person can be charged with forgery or counterfeiting for manufacturing, selling, and sometimes just possessing non-genuine checks, currency, clothing and accessories (including purses, belts, watches, etc.), music, movies, brand-named medications, tickets, licenses, and other documents. Additionally, like many other crimes, there is concurrent state and federal jurisdiction, meaning that certain offenses might be charged in state or federal court. New and developing technologies have resulted in an increase in counterfeit bills, notes, and other documents.
If you or a loved one is facing counterfeiting charges, it can help you to understand the process, the possible consequences, and available defenses and defense strategies. Our firm offers free consultations, where we can discuss your specific case. The foregoing information is not legal advice, does not create an attorney-client relationship, and is not a substitute for a real consultation with a criminal defense attorney. ARIZONA FORGERY AND COUNTERFEITING LAWS Under Arizona law, a person commits forgery by making, altering, completing, or possessing a written instrument with the intent to defraud. Attempting to alter a check, contract, or other legal document to trick or deceive another person, as well as forging a signature for that purpose will be treated very seriously. Forging a certificate of authenticity, autograph, or brand mark in order to sell an item as authentic, will also constitute both forgery and fraud. Forgery is a Class 4 felony, with a presumptive prison term of two and a half years. If the forged instrument is used to purchase or lease a house used in a smuggling operation, the charges are elevated to Class 3 felony, with even more serious penalties. Possession of forgery tools or devices is either a Class 5 or Class 6 felony, which is still a serious offense, and does not require proof of any actual forgery, merely intent and possession of the tools or devices. With fast-evolving technology, it is possible that otherwise lawful instruments could be deemed forgery tools or devices, if there is an apparent intent to create forged or counterfeit items. Manufacturing or producing items with a counterfeit mark with the intention of selling the items is a Class 5 felony in Arizona. Selling counterfeit goods is generally a Class 1 misdemeanor, but can be elevated to a Class 5 felony if the defendant has a prior for selling counterfeit goods, or has more than 1000 items, or more than $10,000 worth of the item. The law presumes that possession of at least 26 counterfeit items means that they are possessed for sale. Traditionally, counterfeiting was most common with watches, handbags, and other expensive fashion items, but today, the most common counterfeit items are Viagra and DVD movies. Innocent retailers can sometimes be charged if they inadvertently purchase counterfeit goods to stock their own stores. FEDERAL COUNTERFEITING LAWS (GENERAL FEDERAL CRIMINAL DEFENSE INFORMATION) Under Federal law, counterfeiting that constitutes copyright infringement, as well as counterfeiting of United States Currency are serious offenses, often investigated by the Federal Bureau of Investigation ("FBI"). Selling or attempting to sell counterfeit brand-named items infringes on the patents of the genuine manufacturers. Most of these investigations are carried out by private investigation firms retained by the industries themselves, but federal authorities will prosecute violators in federal court. Typically, federal counterfeit goods charges will only arise out of major, large-scale manufacturing operations. Counterfeit currency, or bank notes, are treated much more seriously. The design and printing of United States Currency is always evolving to make counterfeiting more difficult, but professional counterfeiters use sophisticated technology to match the precise artwork, paper, and ink used to make real money. Counterfeiters often remove the print from real money, then print a higher dollar value on the real paper. In this way, a one or five dollar bill may be converted into a $100 bill, on real paper, which will fool some of the counterfeit detection technology used by retailers and even banks. The US Government takes counterfeiting of currency very, very seriously, and will use the full force of its investigatory and prosecuting powers to punish counterfeiters. DEFENSES IN COUNTERFEITING CASES Some common defenses in counterfeiting and forgery cases include: lack of knowledge/mistake of fact, actual authenticity of the alleged counterfeit item, lack of intent to deceive, that someone else actually committed the crime. Further, depending on how law enforcement came to discover the forgery or counterfeiting, it may be possible to assert Fourth Amendment protections against unreasonable searches and seizures. In all cases, a thorough defense investigation, and careful case review by an experienced criminal defense lawyer will help to determine the best defense strategy. RELATED CHARGES Counterfeiting and forgery charges can sometimes be charged alongside Theft Crimes, Fraud Crimes, Possession of Forgery Tools/Devides, Fake ID, Money Laundering, etc., and can be more serious if they are Federal Crimes. Note that the arresting charge(s) may change once a case is filed, and that a person might end up facing additional or different charges in court. More Information about Tucson Theft Crimes More Information about Tucson Fraud Crimes More Information about Federal Criminal Defense More Information about Tucson Fake ID Offenses More Information about Tucson Embezzlement Defense IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH COUNTERFEITING, FORGERY, FRAUD, OR ANY OTHER CRIMINAL OFFENSE, WHETHER IN STATE OR FEDERAL COURT, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY. 520-585-5757.
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November 2024
DISCLAIMER: The information provided on this website is for informational purposes only, and is not intended to be legal advice, nor to create an attorney-client relationship.
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