Possession Of A Counterfeit Mark – California Penal Code Section 350
This Penal Code controls the possession of counterfeit merchandise in Los Angeles, such as handbags and other types of merchandise. Therefore, if someone possesses a counterfeit item and intends to sell it to another person, knowing it is counterfeit, they could be charged and convicted of Penal Code Section 350 – Possessing a Counterfeit Mark in Los Angeles.
Many times, in downtown Los Angeles, all kinds of stores sell 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 travel to countries like China or Taiwan to buy merchandise. Later, they try to return to California – specifically Los Angeles – and sell that merchandise, whether 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 and pay taxes. Law enforcement is on the lookout 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 facing prison time and huge fines. The authorities do not play around with these cases, and they will prosecute anyone who sells and makes colossal money related to counterfeit merchandise or a counterfeit mark in Los Angeles and violates Penal Code Section 350.
Penalties for Possessing A Counterfeit Mark or Manufacturing Counterfeit Merchandise
Usually, suppose it's a small person with a couple of items who needs to make more considerable dollars or manufacturing things. In that case, you're looking at a misdemeanor of 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 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 cost 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 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 some country jail time, the judge can restrict 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? You want to get in and see an attorney as soon as possible. I have clients come in. We sit down. We walk about the counterfeit activity—whether you knew about it or not. Maybe you had no idea what you were involved in—was it illegal?
Maybe somebody gave you some wrong information. Various reasons and issues can arise related to these cases that can either be a defense or mitigating circumstances so that you don't get jail time or some considerable fine levied against you.
It 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 to determine how to get you the best possible resolution.
