Counterfeiting involves creating or distributing forged currency, documents, or goods.
Counterfeiting and related document fraud charges in Arizona cover a broad range of conduct – from passing counterfeit currency and trafficking in fake goods, to possessing a fake ID or a device used to create forged instruments. Arizona prosecutes these offenses under multiple statutes including A.R.S. § 13-2002 (forgery), A.R.S. § 13-2004 (possession of a forgery device), A.R.S. § 13-1807 (issuing a bad check), and A.R.S. § 13-3702 (trafficking in counterfeit goods). Federal charges under 18 U.S.C. § 471 apply when counterfeit currency is involved. The Phoenix counterfeiting defense attorneys at Feldman Royle Ahl defend all of these charges in Maricopa County Superior Court and federal court throughout Arizona.
Fake ID charges in Arizona are more serious than many people realize. Depending on the nature of the document and how it was used, a fake ID offense can range from a misdemeanor to a Class 4 felony.
Using a false or altered ID to purchase alcohol or gain entry to a venue is charged under A.R.S. § 4-241 as a Class 1 misdemeanor – the most serious misdemeanor class, carrying up to 6 months in jail and fines up to $2,500.
However, when the fake ID is a forged government-issued document – a driver’s license, state ID card, passport, or Social Security card – the charge escalates to forgery under A.R.S. § 13-2002, a Class 4 felony carrying up to 3 years in prison. Creating or possessing equipment used to produce fake IDs adds a possession of a forgery device charge under A.R.S. § 13-2004, a Class 6 felony.
Fake ID cases in Arizona most commonly involve college students and young adults attempting to purchase alcohol or enter bars. However, fake ID charges also arise in more serious contexts – undocumented individuals using false identity documents, employees using fraudulent credentials to gain employment, and individuals using another person’s identity to access their accounts or benefits. The last category can trigger additional identity theft charges under A.R.S. § 13-2008.
Common defenses include challenging whether the document was actually forged (as opposed to an expired or altered legitimate ID), disputing whether the defendant knew the ID was fake, challenging the lawfulness of the stop or search that produced the evidence, and negotiating for diversion or a reduced charge when the defendant has no prior record.
Under A.R.S. § 13-2004, it is a Class 6 felony in Arizona to possess any plate, die, implement, computer program, or other item designed or adapted for use in creating a forged instrument – when possessed with intent to defraud. This charge is almost always filed alongside a forgery or counterfeiting charge rather than on its own.
Arizona courts have applied this statute broadly. Items that have been charged as forgery devices include: check-washing chemicals and kits, card skimming and cloning equipment, ID printing hardware and software, hologram replication equipment, blank check stock with MICR encoding, and rubber stamps or embossers used to replicate official seals. The key statutory element is that the item must have been possessed with intent to defraud – mere possession of a printer or laminator, for example, is not enough without evidence of that intent.
Intent is the entire battleground in these cases. The prosecution must prove beyond a reasonable doubt that you possessed the device knowing it could be used to create forged instruments and that you intended to use it for that purpose. Defenses include challenging the search and seizure that produced the device, demonstrating a legitimate purpose for the item, and attacking the prosecution’s evidence of intent – which is often circumstantial.
Feldman Royle Ahl advises that individuals accused of counterfeiting have specific rights, including the right to legal representation and the right to challenge the evidence against them. It’s essential to seek a counterfeiting attorney in Phoenix who handles counterfeiting cases under Arizona law to ensure your rights are protected and to navigate the legal system effectively.
Defenses in counterfeiting cases can include challenging the evidence of intent to defraud, proving a lack of knowledge about the counterfeit nature of the items, or questioning the authenticity of the evidence presented. Feldman Royle Ahl focuses on building a strong case that contests the prosecution’s claims and seeks to protect the accused’s rights.
Facing counterfeiting charges in Phoenix? The experienced Counterfeiting Defense Lawyers at Feldman Royle Ahl provide aggressive representation for all types of counterfeiting offenses. Understanding Arizona’s complex counterfeiting laws is crucial, and our skilled attorneys offer a free, confidential consultation to discuss your case and how our defense strategies can make a significant impact.
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