Counterfeit Goods

criminal defense attorney orlando

Luxury items are often sought after for their high-quality materials and exquisiteness. However, there are also those who pursue these items solely for their critical acclaim and the high regard they’ll get from their peers. Individuals who fall in the latter category couldn’t care less whether the item is authentic as long as it bears the luxury brand’s logo of their choice. This is where counterfeiters come in. They appeal to such buyers as they sell illegitimate items bearing the logos of luxury brands from Hublot to Louis Vuitton for a fraction of a price. While some may believe that they’re doing a service, counterfeiting is inherently illegal and costs luxury brands billions of dollars.

Orlando is a counterfeit hotbed. As home to numerous outlets and high fashion strip malls, tourists travel from across the world to stock up on their favorite brands. Every dollar these individuals spend with a counterfeiter is money taken away from the brands selling legitimate merchandise which is why law enforcement aggressively pursues and prosecutes suspected counterfeiters.

If you or someone you know is facing criminal penalties manufacturing, possessing, or selling counterfeit goods, pursue the legal counsel of an experienced attorney. The Orlando counterfeit goods lawyers at The Umansky Law Firm are here to protect your best interests. Reach out to us today to discover how we can start crafting you catered defense.

Penalties for Possessing Counterfeit Goods in Florida

While many believe that counterfeiting only happens with things like handbags and colognes, just about every item used in your day-to-day routine has been counterfeited at some point. Being that counterfeited goods often cross borders, it affects interstate and international commerce, resulting in charged individuals facing federal penalties in the most severe cases.

Florida Statute § 831.032 strictly prohibits anyone from knowingly or willingly manufacturing, selling, or possessing with the intent to distribute counterfeit goods. The penalties you face for counterfeiting goods correlates with the number of items and their value:

  • Less Than 100 Items Valued Less Than $2,500: First-degree misdemeanor punishable by up to 1 year in jail and $1,000 in fines
  • 100 – 1,000 Items Valued From $2,500 – $20,000: Third-degree felony punishable by up to 5 years in prison and $5,000 in fines
  • More Than 1,000 Items Valued More Than $20,000: Second-degree felony punishable by up to 15 years in prison and $10,000 in fines

If the counterfeit goods resulted in serious bodily injury to a consumer, you could face second-degree felony charges regardless of the number of items and their value you’re accused of counterfeiting. If a consumer died as a result of your counterfeited good, you could be charged with a first-degree felony punishable by up to 30 years in prison. The court can also levy up to three times the retail price for the counterfeited goods in fines. If convicted, the judge can order you to pay restitution to the trademark owner as well.

Repeat offenders will face even more severe penalties than first-time offenders. For example, if the value of the goods warrants a first-degree misdemeanor, you can face third-degree felony charges for merely being a repeat offender.

Defending Against Counterfeit Goods Charges in Florida

The “mistake of fact” defense is one of the most applicable for counterfeit goods charges. The law specifies that for an individual to be guilty of the offense, he or she must have knowingly and willfully forged or counterfeited a good. If you genuinely believed that the goods you possessed, sold, or distributed were authentic, the prosecution cannot legally convict you of said charges.

This is only one of the many defenses we can implement to protect your freedom. Secure legal representation from a knowledgeable criminal defense lawyer today to discover the full extent of your defense options.

Orlando Counterfeit Goods Defense Lawyers

The Orlando counterfeit goods lawyers at The Umansky Law Firm have over 100 years of experience and a team that includes former state and local prosecutors. We understand the severity of the charges you face and are here to help have your case settled on the most favorable terms. If your charges are federal, our Board Certified Criminal Trial Lawyer, Brice Aikens, can serve as your personal representative throughout your case. Contact us today at 407-228-3838 for a free case evaluation.