Counterfeiting Defense Attorney in Panama City

Charged with Counterfeiting? Call 24/7 for a Free Consultation

Facing counterfeiting charges in Panama City, FL, can severely impact your life. At Shepard Law, we are committed to defending your rights and providing strategic legal representation tailored to your case.

In Panama City, the rise of counterfeiting cases is due in part to its bustling commerce, which sometimes attracts illicit activities. The implications of a conviction can extend beyond immediate penalties, potentially affecting future employment opportunities and community standing. 

Our dedication is not just to handle the case at hand but to consider the long-term repercussions on your life and livelihood. By choosing Shepard Law, you are opting for a defense that prioritizes both proactive resolution and preventive measures for the future.

Trust a counterfeiting lawyer in Panama City with insider knowledge of the system. We’re former prosecutors, available 24/7, and provide free, bilingual consultations. Call (850) 290-2505 or message us today.

Understanding Counterfeiting Laws in Florida

Counterfeiting involves creating, possessing, or knowingly passing fake currency, documents, or goods that imitate genuine items, with the intent to defraud or deceive. This crime is prevalent under both Florida state law and federal law, depending on its scope and nature (e.g., crossing state lines, involving U.S. currency, or large-scale operations). A counterfeiting lawyer in Panama City must be adept at navigating both state and federal court systems.

Key Elements of Counterfeiting:

The central element in almost all counterfeiting charges is intent to defraud or intent to deceive. This means the prosecution must prove that the accused knowingly created, possessed, or used the counterfeit item with the specific goal of deceiving another person or entity for financial gain or to cause financial harm. Lack of this intent can be a powerful defense.

Federal Counterfeiting Charges:

It is crucial to understand that many counterfeiting offenses investigated in Florida can also fall under federal jurisdiction, particularly those involving U.S. currency, large-scale operations, crossing state lines, or infringing upon federal trademarks. Federal law (18 U.S.C. Chapter 25, "Counterfeiting and Forgery," and Chapter 113, "Stolen Property") is highly aggressive.

Common Types of Counterfeiting Crimes We Defend in Florida

• Forgery and Uttering a Forged Instrument (Florida Statutes § 831.01 & § 831.02): These statutes primarily address the creation or use of fake legal or financial documents.
  • Forgery: Falsely making, altering, forging, or counterfeiting a public record, a certificate, a deed, a bank bill, a check, a draft, or other specific writing with the intent to defraud.
  • Uttering Forged Instruments: Knowing an instrument is false, forged, or altered, and then publishing or passing it as true with intent to injure or defraud. This covers the act of using a counterfeit document.
• Counterfeiting or Forging Private Labels / Trademarks (Florida Statutes § 831.032): This statute specifically addresses the counterfeiting of commercial goods and private labels, often referred to as intellectual property theft or piracy.
• Counterfeiting United States Currency (Florida Statutes § 831.08): While largely covered by federal law, Florida also criminalizes counterfeiting U.S. currency. Prohibited acts include possessing 10 or more similar false, altered, forged, or counterfeit notes, bills of credit, or bank bills, knowing them to be false, and with the intent to utter or pass them as true.
• Counterfeit Prescriptions (Florida Statutes § 893.13): This statute specifically addresses the fraudulent creation or use of prescriptions to obtain controlled substances.

Penalties of Counterfeiting Convictions in Florida

A conviction for counterfeiting in Florida, whether state or federal, carries severe penalties that can permanently alter your life.

• Misdemeanors (First-Degree): Up to 1 year in county jail and/or a fine of up to $1,000.
• Felonies (Third-Degree to First-Degree): Ranging from up to 5 years (Third-Degree) to up to 30 years (First-Degree) in state prison, with a fine of up to $10,000 or more, depending on the crime and value.
• Fines: Can range from thousands to tens of thousands of dollars, or up to three times the retail value of the goods seized, whichever is greater, for trademark offenses.
• Restitution: Mandatory order to pay full restitution to victims for any financial losses or damages caused.
• Probation/Community Control: Possible for many offenses, with strict conditions, including community service and financial monitoring.
• Criminal Punishment Code (CPC): For felony counterfeiting, Florida uses a sentencing scoresheet (CPC) that assigns points based on the offense, victim injury, and criminal history. A high enough score can result in a presumptive prison sentence.
• Asset Forfeiture: Florida law allows for the seizure of property, including vehicles, tools, machines, or any other items, used in the commission of counterfeiting.

A counterfeiting conviction in Florida, whether a felony or serious misdemeanor, leads to a permanent criminal record that severely limits future employment, housing, and educational opportunities. 

A conviction for a crime involving dishonesty almost certainly results in the suspension or permanent revocation of professional licenses, effectively ending your career. Furthermore, such a conviction causes profound and irreparable reputational damage, affecting personal and business relationships.

Beyond these career and reputation-related impacts, a conviction for counterfeiting can lead to financial ruin through fines, restitution, and asset forfeiture. For non-U.S. citizens, it triggers severe immigration consequences, including immediate deportation and permanent inadmissibility. A felony conviction also results in the loss of voting and firearms rights, while you may face parallel civil lawsuits from victims seeking damages.

Our Comprehensive Approach to Counterfeiting Defense

Successfully defending against counterfeiting charges requires a multi-faceted, highly strategic, and aggressive approach. These cases invariably involve complex technical concepts (printing, digital files), forensic evidence (paper, ink analysis), and the crucial subjective element of "intent to defraud."

Successfully defending against counterfeiting charges requires meticulously challenging the prosecution's evidence and proving a lack of criminal intent.

• Lack of Intent to Defraud/Deceive: Argue that the alleged wrongdoing was not a willful, intentional act, but rather a mistake of fact, an accidental act, or a good faith belief that the item was legitimate.
• Insufficient Evidence of Production/Manufacturing: Challenge whether evidence truly proves manufacturing activity, or if there's an innocent explanation for the presence of equipment.
• Challenging the Authenticity of the "Counterfeit" Item: Argue that the alleged counterfeit item is not authentic or is so poorly made that no reasonable person would be defrauded.
• No Knowledge of "Counterfeit": Assert that you were unaware the item was counterfeit, especially if you unknowingly received or passed it.
• Constitutional Violations: File motions to suppress evidence obtained through unlawful searches/seizures, coerced confessions, or other rights violations.
• Mistaken Identity/Alibi: Provide evidence that you were not the person who committed the crime or were in a different location.
• Duress or Coercion: Argue you were forced or threatened into committing the alleged crime.
• Entrapment: Assert that law enforcement improperly induced you to commit a crime you would not have otherwise committed.
• Statute of Limitations: Seek dismissal if charges are filed after the legally prescribed time limit.
• Challenging "Loss Amount": Dispute the prosecutor's calculation of financial loss, which can reduce the severity of the charge or sentencing.

Why Choose Shepard Law

At Shepard Law, our firm is prepared to handle every aspect of your defense. A counterfeiting lawyer in Panama City on our team begins working immediately to protect your interests.

• Former Prosecutor Insight: Rusty Shepard’s experience provides crucial inside knowledge of prosecution methods, enhancing our defense strategies.
• 24/7 Accessibility: Our hotline ensures that help is always available when you need it most, providing peace of mind during stressful times.
• Free Consultations: We offer initial consultations at no cost, allowing you to understand your options without financial pressure.

At Shepard Law, our client testimonials tell stories of lives positively impacted and futures restored. Our commitment extends beyond courtroom advocacy; it’s about making sure you feel supported every step of the way. Our community ties and reputation as a trusted legal partner are the result of years of dedicated service in Panama City, resonating with the values and needs of its residents.

Our Process for Defending Counterfeiting Charges

The legal process can be complex, but at Shepard Law, we make it straightforward for you. Our dedicated team will:

• Investigate Thoroughly: Gather and analyze all evidence to identify strengths and weaknesses in the opposition’s case.
• Build a Strong Defense: Use the evidence to construct a solid defense strategy aimed at reducing or dismissing charges.
• Negotiate Effectively: Engage with prosecutors to potentially reduce charges or penalties when appropriate.
• Represent in Court: Advocate for you with vigor and clarity, ensuring your story is heard.

Every case begins with laying a robust foundation, which involves meticulous gathering of information and scrutinizing every detail. At Shepard Law, we pride ourselves on this investigative rigor. 

Our legal team collaborates to explore every avenue for evidence, conduct witness interviews, and call upon experts if needed. This comprehensive preparation allows us to foresee challenges that may arise during litigation or negotiation phases. Ensuring that nothing is overlooked translates to potent courtroom strategies, where our advocacy is informed by the strongest possible case narrative tailored to your individual circumstances.

Take the First Step to Protect Your Rights

Facing counterfeiting charges alone is daunting, but with Shepard Law by your side, you are not alone. Our dedication to your case means standing with you at each step, providing clarity, support, and the highest level of defense available. 

Reaching out to us ensures you have a committed advocate working to secure the best possible outcome, protecting not just your present, but your future. Contact us online today or call (850) 290-2505 for a free consultation to discuss how we can help.