Possession Of A Counterfeit Mark – California Penal Code Section 350
This Penal Code controls in Los Angeles the possession of counterfeit merchandise such as handbags and other types of merchandise. Therefore, if someone possesses a counterfeit item and has the intent to sell that item to another person knowing that it is counterfeit, they could be charged and convicted of Penal Code Section 350 – Possessing a Counterfeit Mark in Los Angeles.
Different Types of Counterfeit Merchandise
Many times, in downtown Los Angeles, there's all kinds of stores that are selling counterfeit merchandise, whether they be luxury items or big-name brands – items like Louis Viton and Gucci. Counterfeiting is big business in Los Angeles and all over the country.
Sometimes people will travel to other countries like China or Taiwan and buy a bunch of merchandise and later try and come back to California – specifically Los Angeles – and sell that merchandise. Whether it be knock-off Louis Viton purses or some other high-dollar item.
The companies that make these items have a lot of political power because they run a lot of money, they pay a lot of taxes, and law enforcement is on the look-out to help those companies avoid losing thousands of dollars in business because people are knocking off their merchandise and trying to sell it.
So, if you're caught for a violation of Penal Code Section 350 – possessing to sell or even manufacturing counterfeit merchandise – it's imperative that you get an attorney because a lot of times, depending on the amount that's involved, the circumstances or amount of items that you have, you could be looking at a felony.
You could be looking prison time. You could be looking at huge fines. The authorities do not mess around with these cases and they will take someone and put them in prison if they are selling and making huge money related to counterfeit merchandise or a counterfeit mark in Los Angeles and violating Penal Code Section 350.
Penalties for Possessing A Counterfeit Mark or Manufacturing Counterfeit Merchandise
Usually, if it's a small person with a couple of items not making big dollars, not manufacturing things – you're looking at a misdemeanor up to six months in jail, fines, community service, Caltrans or community labor – depending on what your attorney can work out for you if the authorities can prove you guilty.
If on the other hand, you are shipping items in that you know are knock-offs and illegal, and you're making big money from it, you can expect that the authorities are going to be taking the position against you that you are costing companies thousands of dollars and those same authorities will try to get huge fines levied against you, take away your ability to be able to continue to do business in this way ever again, and obviously try to punish you in such a way to deter you from ever committing this type of crime again.
That could include prison. If you get probation and you get some country jail time, the judge can put certain restrictions on your ability to engage in this type of business ever again.
Reviewing Your Case For Best Outcome
So, what do you do if You're Charged with Penal Code 350 – possession or manufacturing a counterfeit mark? Obviously, you want to get in and see an attorney as soon as possible. I have clients come in. We sit down. We walk about what the counterfeit activity is – whether you knew about it. Maybe you had no idea what you were involved in – was it illegal.
Maybe somebody gave you some bad information. There's all sorts of reasons and issues that can come up related to these types of cases that can either be a defense or can be mitigating circumstances so that you don't end up getting any jail time or some huge fine levied against you.
It really just depends on the facts and circumstances of the case, how experienced your attorney is and how well-connected they are with the local authorities, the judge and the prosecutor in your courthouse in order to figure out how to get you the best possible resolution.