Posted on April 20, 2026 in Arizona Law

What You Need to Know About Counterfeit Merchandise Charges

Under Arizona Revised Statutes § 44-1453, it is illegal when “a person who knowingly and with intent to sell or distribute uses, displays, advertises, distributes, offers for sale, sells or possesses any item that bears a counterfeit mark or any service that is identified by a counterfeit mark.”

 

This law applies to a wide range of products, including:

 

• Clothing
• Shoes
• Accessories
• Electronics
• Cosmetics
• Automotive parts 

 

These are just a few examples of items that are frequently counterfeited. Note as well that the statute does not require the goods to be of any particular quality; simply using a trademark without authorization is enough to trigger criminal liability.

Criminal Penalties for Selling Counterfeit Goods in Arizona

The penalties for counterfeit merchandise offenses in Arizona depend on the scale of the operation and the value of the goods involved.

 

For a first offense involving a smaller quantity of goods, the charge may be classified as a Class 1 misdemeanor. A conviction at this level can still result in up to six months in jail on top of fines and a lasting criminal record. Cases involving relatively large quantities of counterfeit merchandise can be charged as felonies, which carry significantly harsher penalties.

 

Courts may also order the seizure and destruction of the counterfeit goods themselves. On top of that, the trademark owner may pursue a separate civil lawsuit against you seeking financial damages, which could add even more to the total cost of the situation.

Common Defenses to Counterfeit Merchandise Charges

Being charged with a counterfeit merchandise offense does not automatically mean you will be convicted. 

 

Depending on the facts of your case, several defenses may be available to you, including:

 

• Lack of knowledge that the goods were counterfeit
• The products were not actually counterfeit
• The trademark in question was not valid or properly registered
• Errors made by law enforcement during the investigation
• Lack of intent to sell the counterfeit items

 

An experienced criminal defense lawyer can help you determine the best strategy for your specific case’s facts and circumstances. In every case, however, the prosecution bears the burden of proving every element of your charges beyond a reasonable doubt.

How Can a Conviction Affect My Future?

A conviction can have a long-term impact on your life even after you’ve served all of the penalties imposed by the court. 

 

These collateral consequences may include:

 

• Difficulty finding housing and employment
• Loss of professional licenses
• Loss of certain legal rights, such as the ability to possess a firearm
• Immigration issues, if applicable

 

With this much at stake, getting legal advice as soon as you can is almost certainly in your best interest if you’re facing charges. 

Schedule a Free Consultation with a Phoenix Criminal Defense Attorney at Orent Law Offices

If you are facing counterfeit merchandise charges in Arizona, taking action early can make a real difference in the outcome of your case. While no resolution can be guaranteed in advance, it’s possible that you may still be able to offer an effective defense that leads to your charges being dismissed.

 

For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.