PC 350 & 477 Law & Defense
Information on the crime of counterfeiting is found at California penal code sections 350, 477, & 478. In short, to counterfeit something, is to make an exact replica of something of value, that is not genuine, with the intent to use the counterfeit item to defraud a person.
To prove that the defendant is guilty of the crime of counterfeiting, the prosecutor must prove the defendant:
Intended to, and did make, a fake document of legal significance (money, lottery ticket, check, property deed, etc.), and
Intended to defraud another person with the fake document
Felony: The crime of counterfeiting (PC 350 & PC 477) is usually charged as a felony. When PC 350 or 477 is charged as a felony the defendant could face up to four years in prison (3 years for a violation of PC 350 and 4 years for a violation of PC 477).
Misdemeanor: When PC 350 or 477 is charged as a misdemeanor, the defendant may face up to one year in the county jail.
Whether or not the district attorney files felony or misdemeanor charges of counterfeiting depends largely on the amount of money the defendant stole with counterfeit documents, (or attempted to steal), the sophistication of the counterfeiting, and the defendant's criminal history.
Probation: A probation sentence is a period of supervision, as opposed to a sentence to county jail (though some probation sentences can include an actual jail sentence as a term of probation). Probation sentences are allowed in both felony and misdemeanor counterfeiting cases, but not guaranteed. Whether or not a defendant receives a probation sentence after a conviction for PC 350 or PC 477 depends largely on the facts of the case and the defendant's criminal history. Also, work release or house arrest requirements (not actual jail) is usually ordered as part of a probation sentence.
PC 1170(h): PC 350 and PC 477 are crimes that fall within PC 1170(h) sentence law. This means that any jail time is served in a local county jail, as opposed to a state prison; this is true for both felony and misdemeanor counterfeiting jail sentences, including felony jail sentences that are longer than a year.
Note: If found guilty of counterfeiting,and jail time is ordered as part of the defendant's punishment, the defendant is entitled to received good time credits at the rate of 50%, which means two days of jail credit for every one day served. The defendant may also qualify for alternative sentencing options, such as electronic monitoring (house arrest), or work release. Any sentencing option available depends on the facts of the case along with the defendant's criminal history.
CIMT: Counterfeiting crimes are considered crimes involving moral turpitude. This means that counterfeiting is considered a morally wrong act or involves deceit. Crimes that involve moral turpitude carry special punishments for persons with immigration issues or professional licensing issues (doctors, dentists, lawyers, nurses, etc.).
Three Strikes Law: Counterfeiting is not considered a serious or violent crime as those terms are defined in California Three Strikes Sentencing Laws. Neither PC 350, nor PC 477 is considered a strike crime in California.
Bail: The bail schedule for counterfeiting, charged under PC 350(a)(2), in San Bernardino County, is $5,000 for misdemeanor, and $35,000 for felony.
In addition to any jail sentence, criminal convictions in general can lead to other severe consequences such as: Immigration consequences (non U.S. citizens), probation sentence terms, fines, lawsuits, employment loss, restitution, denial of entry into the armed forces, civil lawsuits, and more.
Common defenses to PC 350, 477, and 478 counterfeiting charges include: insufficient evidence to prove the defendant intended to defraud another person, mistake of fact, statute of limitations, and coerced confessions.
If you have been charged with counterfeiting, or penal codes 350, 477 or 478, contact our criminal defense lawyers to learn your rights and options without delay. Our criminal defense attorneys are experienced and aggressive. We have a very successful and proven defense record. We are open seven days a week. Call today!
More counterfeiting crimes
Possession of a counterfeit (Penal Code 478 [Felony]
Make or possess counterfeit die/apparatus (Penal Code 480 [Felony])
Forgery by altering or counterfeiting document (Penal Code 470(d) [Misdemeanor or Felony])
Manufacture of sale of counterfeit mark under $1000 (Penal Code 350(a)(1) [Misdemeanor])
Manufacture of sale of counterfeit mark greater than a $1000 (Penal Code 350(a)(2) [Misdemeanor or Felony])
Manufacture of sale of counterfeit mark w/prior (Penal Code 350(b) [Misdemeanor or Felony])
Quick Legal Reference
Crime: Counterfeiting a Mark under $1000
Code: PC 350(a)(2) (CalCrim No. 1920 et seq.)
Wobbler: Yes. PC 350(a)(2) is a wobbler. This means that PC 350(a)(2) may be charged as a felony or as a misdemeanor.
Incarceration: Felony PC 350(a)(2) jail sentence range: 16 months, 2 or 3 years (if probation not granted). Misdemeanor jail sentence up to 1 year.
Probation: Probation may be available in PC 350(a)(2) cases (assuming other crimes or enhancements that bar a probation sentence are not present). Whether or not a probation sentence is offered by the District Attorney, or granted by the court, depends on several factors, including the defendant's criminal history and the facts of the case.
Work Release or House Arrest: In some cases, a probation sentence can include actual in-custody county jail, house arrest (electronic monitoring), or work release (or some combination of these penalties); however, most in-custody jail sentence orders that are required as a terms of probation are much shorter than the maximum jail sentence.
PC 1170(h)): Yes. PC 350(a)(2) is subject to PC 1170(h) sentencing. This means that any jail or prison sentence may be:
Split (half in-custody / half out-of-custody)
Suspended (possibly never served)
Served in county jail (not state prison)
Note: Limitations may apply
Strike: PC 350(a)(2) is not a strike offense listed in California's Three Strikes law.
Credits: 50% good conduct credits available.
CIMT: PC 350(a)(2) is a crime involving moral turpitude, which means that an arrest or conviction could lead to the following:
Professional Licensing problems
Impeachment on credibility
Firearms: Felony PC 350(a)(2) convictions bar defendant from owning or possessing a firearm.
Bail: $25,000 (Felony); $5,000 (Misdemeanor) (San Bernardino)
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