Penal Code § 475 PC - Possession of Counterfeit Items
1. What is Penal Code § 475 PC?
Penal Code § 475 PC Law Reads As Followed:
Any person who knowingly possesses or receives any counterfeit, forged, or altered item with the intent to defraud another person, shall be guilty of the crime of forgery. This includes any counterfeit or forged item that could be used to deceive or defraud another individual.
Possessing or receiving forged instruments with intent to defraud:
It is a crime to possess or receive any forged, altered, or counterfeit item if the person has the intent to pass it on and defraud another person. This includes, but is not limited to, forged checks, documents, or other fraudulent financial items.
2. What Are Examples of Penal Code § 475 PC?
Penal Code § 475 PC in California makes it a crime to possess or receive counterfeit or forged items with the intent to defraud another person. This law is designed to address fraudulent activities involving items like counterfeit money, forged documents, and altered financial instruments. Understanding what constitutes a violation of this law can help individuals recognize the actions that may lead to criminal charges.
Here are some common examples of violations under Penal Code § 475 PC:
1. Possessing Counterfeit Money
One of the most straightforward examples of violating PC 475 is possessing counterfeit currency with the intent to use it to defraud someone. This could include:
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Fake bills: Having counterfeit U.S. dollars or foreign currency with the intent to use them to purchase goods or services, knowing the money is not genuine.
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Fake coins: Although less common, possessing counterfeit coins with the intent to pass them off as real currency would also fall under this statute.
2. Possessing Forged Checks
Another example is possessing forged or altered checks with the intent to use them to defraud a bank or another individual:
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Altered checks: If someone alters a legitimate check by changing the payee’s name, the amount, or the date, and then attempts to pass it off as a valid instrument, it violates PC 475.
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Unfinished forged checks: Possessing an incomplete or “blank” forged check with the intent to fill it in and use it to commit fraud can lead to charges under this law.
3. Using Forged Documents
Possessing forged legal or financial documents with the intent to deceive or defraud others also constitutes a violation of PC 475. This includes:
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Fake identification cards or driver’s licenses: Holding or using a forged ID to impersonate someone else for fraudulent purposes (e.g., underage individuals using fake IDs to purchase alcohol or gain access to restricted areas).
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Forgery of financial documents: Possessing forged bank statements, credit applications, or loan documents with the intent to mislead financial institutions or lenders.
4. Possessing Counterfeit Credit Cards
Another example includes possessing counterfeit credit cards or forged bank cards with the intent to use them for fraudulent transactions. This could involve:
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Fake credit cards: Carrying or using a counterfeit credit card to make purchases while pretending that it is a legitimate form of payment.
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Stolen and altered cards: Possessing a stolen credit card that has been altered or counterfeited to disguise its original identity.
5. Selling or Distributing Counterfeit Items
While PC 475 primarily addresses possession, distributing or attempting to sell counterfeit items can be considered a violation of the law. This includes:
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Selling counterfeit products: Offering counterfeit goods, such as designer clothing, handbags, or electronics, with the intent to defraud the buyer into thinking they are authentic products.
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Selling forged documents or currency: Participating in a scheme to sell counterfeit money, fake IDs, or forged financial documents would fall under this law.
6. Possessing Forged Bonds or Securities
Holding forged bonds, stocks, or other securities with the intent to sell or transfer them to unsuspecting buyers would also violate PC 475. Examples include:
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Fake stocks: Possessing forged stock certificates and attempting to sell them as if they were legitimate.
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Forged bonds: Holding or attempting to sell counterfeit government bonds with the intent to defraud investors.
7. Forgery of Public Seals
Although typically covered under separate statutes like Penal Code § 472 (counterfeiting a public seal), possessing items that have been forged or altered with the intent to deceive a government entity or another party can also lead to criminal charges. This can include:
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Fake government documents: Holding forged documents such as diplomas, licenses, or permits with the intent to use them for fraudulent purposes.
3. What are Common Defenses Against Penal Code § 475 PC?
Under Penal Code § 475 PC, it is illegal to possess or receive counterfeit items with the intent to defraud another person. If you are facing charges for possessing counterfeit items such as fake money, forged checks, or fraudulent documents, it is important to understand that there are several potential defenses that could be used to challenge the accusation. A criminal defense lawyer will evaluate the specifics of your case and decide which defenses may be appropriate to help mitigate or dismiss the charges against you.
Here are some common defenses that may be raised in response to charges under Penal Code § 475 PC:
1. Lack of Knowledge
One of the most common defenses against Penal Code § 475 PC is that the defendant did not know the items in their possession were counterfeit or forged. To be convicted under this statute, the defendant must have knowingly possessed counterfeit items.
If you can demonstrate that you were unaware that the items were fake, this can be a powerful defense. For example:
Receiving counterfeit goods unknowingly: If you were given counterfeit currency or documents without realizing that they were fake (such as if a friend or family member gave you the items), you may not have the requisite knowledge to be convicted.
Involvement in a legitimate transaction: If you were unknowingly involved in a transaction involving counterfeit items, you could argue that you did not intend to defraud anyone and were unaware that the items were counterfeit.
2. Lack of Intent to Defraud
Another common defense is that you did not have the intent to defraud anyone. Under Penal Code § 475 PC, the intent to defraud is a crucial element of the crime. If you did not possess the counterfeit items with the specific purpose of deceiving or tricking someone, this could serve as a valid defense.
For example:
Accidental use: If you used counterfeit money or a forged check by mistake, believing it to be genuine, this could demonstrate a lack of fraudulent intent.
Non-commercial use: If you had counterfeit items but did not intend to use them for personal gain or to deceive others (such as possessing fake documents for personal reasons but not intending to pass them off as genuine), it may be possible to argue that there was no fraudulent intent.
3. Mistaken Identity or False Accusations
In some cases, individuals are charged with Penal Code § 475 PC due to mistaken identity or false accusations. Police may arrest the wrong person, or someone may falsely accuse you of possessing counterfeit items.
Possible scenarios include:
Wrongful arrest: If you were at the scene but did not possess counterfeit items, or if the items found with you did not belong to you, mistaken identity may be a valid defense.
Fabricated evidence: If someone falsely accuses you of possessing forged items, and there is no concrete evidence linking you to the counterfeit items, a defense based on false accusations could be used.
4. Insufficient Evidence
A common defense in criminal cases is the argument that the prosecution does not have enough evidence to prove the charges beyond a reasonable doubt. In order to secure a conviction under Penal Code § 475 PC, the prosecution must prove the following elements:
That you knowingly possessed counterfeit or forged items.
That you intended to defraud someone.
If the prosecution cannot provide enough evidence to prove these elements, the charges against you could be dropped or reduced. Some reasons for insufficient evidence may include:
Lack of clear proof: If there is no definitive proof that the items in question were indeed counterfeit or forged.
Uncertainty of intent: If there is no clear evidence that you intended to use the items for fraudulent purposes.
5. Entrapment
In certain cases, a defendant may raise an entrapment defense, which claims that law enforcement officers or other agents coerced or manipulated the defendant into committing the crime they would not have committed otherwise. For example:
Undercover operations: If an undercover officer or another individual provided you with counterfeit items or encouraged you to use them, you may argue that you were entrapped into committing the crime.
Coercion: If you were pressured or threatened into possessing counterfeit items, this could also be a valid defense.
6. No Fraudulent Purpose
Lastly, it may be possible to argue that while you possessed counterfeit items, you did not possess them with the intent to commit fraud. For instance, if you simply collected counterfeit items for personal use or as a hobby, without any intention to deceive or gain financially, this could work as a defense.
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4. What are The Penalties for Violating Penal Code § 475 PC?
Penal Code § 475 PC addresses the crime of possessing counterfeit items in California. Specifically, it makes it illegal for someone to possess, receive, or offer a counterfeit or forged item with the intent to defraud another person. Violating this law can lead to serious legal consequences, including imprisonment, fines, and a criminal record. Understanding the penalties for violating Penal Code § 475 PC can help you better navigate the legal process and assess potential outcomes.
1. Classification of the Offense: Misdemeanor or Felony
The penalties for violating Penal Code § 475 PC depend on how the offense is classified. Under California law, forgery-related crimes, including possession of counterfeit items, are generally classified as wobbler offenses. This means that the offense can be charged as either a misdemeanor or a felony, depending on the circumstances of the case, the defendant’s criminal history, and the severity of the alleged offense.
Misdemeanor Possession of Counterfeit Items
If the offense is charged as a misdemeanor, it is considered a less serious violation and is punishable by:
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Up to one year in county jail.
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Misdemeanor probation may be an alternative to jail time, depending on the case.
In many cases, a defendant convicted of a misdemeanor may be eligible for probation, which means they could avoid serving time in jail, but would still have to adhere to certain conditions set by the court (such as community service, fines, or counseling).
Felony Possession of Counterfeit Items
If the offense is charged as a felony, it is treated as a more serious crime, and the penalties are more severe. A felony conviction under Penal Code § 475 PC may result in:
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Up to three years in county jail.
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Felony probation may be an alternative to jail time, but this is subject to the judge’s discretion and the facts of the case.
In some situations, a defendant may be eligible for probation or other alternatives to incarceration, depending on factors such as their criminal history, the nature of the counterfeit items, and whether they have shown remorse or willingness to take responsibility for their actions.
2. Fines and Restitution
In addition to jail time or probation, a person convicted under Penal Code § 475 PC may also face substantial fines. These fines can vary depending on the seriousness of the offense and the value of the counterfeit items involved. In some cases, the court may impose a fine as part of the defendant’s sentence.
Moreover, if the defendant used the counterfeit items to defraud another person, the court may also order restitution. Restitution requires the defendant to pay back the victim for any financial losses caused by the fraudulent activity.
3. Additional Consequences
In addition to the direct legal penalties, a conviction under Penal Code § 475 PC may have other long-term consequences, including:
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Criminal record: A conviction will result in a permanent criminal record, which can affect future employment opportunities, professional licensing, housing, and more.
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Probation violations: If the defendant is granted probation and subsequently violates the terms of their probation (for example, by committing another crime or failing to comply with court orders), they may face additional penalties, including serving jail time.
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Loss of professional certifications: If the defendant works in a profession that requires a license or certification (e.g., law, finance, or real estate), a conviction for possessing counterfeit items could result in the loss of their professional certification.
4. Factors That Influence Sentencing
Several factors can influence how a defendant is sentenced under Penal Code § 475 PC. These factors include:
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Prior criminal history: Defendants with a history of similar offenses or other criminal behavior are more likely to receive harsher penalties.
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Value and quantity of counterfeit items: The severity of the charge may depend on how many counterfeit items the defendant possessed and their potential value in defrauding others.
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Intent to defraud: The prosecution must prove that the defendant had the intent to defraud another person. If the defendant was simply in possession of counterfeit items without the intent to use them fraudulently, this could influence the sentencing.
5. Possible Alternatives to Jail Time
For those convicted of Penal Code § 475 PC, the court may offer alternative sentencing options such as:
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Probation: Both misdemeanor and felony convictions may come with probation, which allows the defendant to avoid jail time but still be monitored by the court.
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Diversion programs: Some defendants, particularly those with no criminal history, may be eligible for diversion programs, which allow them to avoid a conviction if they meet specific conditions, such as attending counseling or community service.
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Restitution and community service: Courts may order restitution to the victim, as well as community service or fines as part of the sentencing.
5. What Are the Related Offenses To Penal Code § 475 PC?
Penal Code § 475 PC, which criminalizes the possession of counterfeit items, is a serious offense in California that can lead to significant legal consequences, including jail time and fines. However, Penal Code § 475 PC is just one of several laws that address crimes related to counterfeit or forged items. Understanding the related offenses can provide valuable insight into the broader scope of counterfeit crimes, as well as the legal options available if you are facing charges.
In this article, we will discuss some of the key related offenses to Penal Code § 475 PC and how they intersect with the possession of counterfeit items.
1. Forgery – Penal Code § 470 PC
One of the most common related offenses to Penal Code § 475 PC is forgery under Penal Code § 470 PC. Forgery involves the intentional falsification or alteration of a document, signature, or other item with the intent to defraud or deceive others.
Examples of Forgery:
Falsifying signatures on checks, contracts, or legal documents.
Creating or altering financial records to deceive others.
Falsifying government-issued documents, such as identification cards or birth certificates.
If a person is caught possessing counterfeit items (such as forged documents, signatures, or financial instruments), they could be charged with both possession of counterfeit items and forgery, depending on the circumstances of the case. Forgery is also a wobbler offense, meaning it can be charged as either a misdemeanor or a felony, with penalties including jail time, fines, and probation.
2. Counterfeit Marks – Penal Code § 350 PC
Another related offense to Penal Code § 475 PC is the manufacturing or selling of counterfeit marks under Penal Code § 350 PC. Counterfeit marks refer to the unauthorized reproduction of trademarks, logos, or other identifying marks that are protected under intellectual property laws.
Examples of Counterfeit Marks:
Manufacturing or selling fake branded clothing, electronics, or accessories.
Creating and selling knock-off designer handbags, shoes, or watches.
Using a forged trademark to sell counterfeit goods on the black market.
If a person is found in possession of counterfeit goods that bear counterfeit marks, they can be charged with violating Penal Code § 350 PC. This law specifically targets the sale or distribution of counterfeit goods and imposes penalties based on the quantity and value of the counterfeit items involved. Violations of Penal Code § 350 can lead to misdemeanor or felony charges, with severe fines and potential jail time.
3. Counterfeit Seals – Penal Code § 472 PC
Penal Code § 472 PC criminalizes the act of forging or counterfeiting public seals, such as government emblems, state seals, or official government agency stamps. This offense is often associated with the illegal production or use of forged documents.
Examples of Counterfeit Seals:
Forging the official seal of a government agency, such as the California state seal on an official document.
Using counterfeit government seals to create fraudulent documents, such as fake identification cards or legal certificates.
The consequences of violating Penal Code § 472 PC are severe and can include jail time, fines, and the potential loss of professional licenses. Like Penal Code § 475 PC, counterfeiting public seals is also a wobbler offense, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case.
4. Possession of Forged or Altered Checks – Penal Code § 476 PC
Penal Code § 476 PC makes it illegal to possess forged or altered checks with the intent to defraud others. This offense is often related to Penal Code § 475 PC because it involves the possession of forged items (in this case, checks), with the intent to deceive or defraud another person or institution.
Examples of Possessing Forged or Altered Checks:
Using a counterfeit check to attempt to withdraw funds from a bank.
Possessing a batch of altered or forged checks in an attempt to pass them as legitimate.
Penal Code § 476 PC is a serious crime and is typically treated as a felony, which can lead to long-term legal consequences, including prison time, heavy fines, and restitution.
5. Possession of Counterfeit Currency – 18 U.S.C. § 472 (Federal Law)
Though Penal Code § 475 PC is a California state law, possessing counterfeit currency is also governed by federal law, specifically 18 U.S.C. § 472. This statute makes it illegal to possess or pass counterfeit U.S. currency with the intent to defraud another person or institution.
Examples of Possessing Counterfeit Currency:
Possessing fake bills with the intention of passing them at a store or bank.
Trying to use counterfeit bills in a transaction with the knowledge that they are not real currency.
Violations of 18 U.S.C. § 472 are prosecuted at the federal level and carry significant penalties, including lengthy prison sentences and hefty fines. Federal authorities, including the Secret Service, typically investigate and prosecute counterfeit currency offenses.
6. Identity Theft – Penal Code § 530.5 PC
Identity theft involves the fraudulent use of another person’s personal information, such as social security numbers, credit card numbers, or other forms of identification. Penal Code § 530.5 PC criminalizes the act of obtaining and using someone else’s identity with the intent to defraud or deceive.
Examples of Identity Theft:
Using counterfeit identification cards or documents to open fraudulent credit accounts.
Using someone else’s personal information to create fake IDs or other false documents.
In cases where counterfeit items, such as identification cards or financial documents, are used to steal someone’s identity, charges of identity theft may be added to Penal Code § 475 PC violations.
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