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.
Arizona law contains two related statutes covering possession of equipment used for forgery. A.R.S. § 13-2003 (criminal possession of a forgery device) covers possession of plates, dies, implements, or other items specifically designed or adapted for use in forging written instruments – a Class 6 felony. A.R.S. § 13-2004 (criminal simulation) covers making, altering, or selling objects to give them a false appearance of greater value or different origin – also a Class 6 felony. Both are routinely charged together alongside the underlying forgery count under § 13-2002.
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.
Issuing a bad check in Arizona is a criminal offense, not merely a civil matter. Under A.R.S. § 13-1807, a person commits the offense when they issue a check knowing at the time of issuance that there are insufficient funds to cover it, with intent to defraud. A.R.S. § 13-1817 covers fraudulent use of a credit card for similar conduct involving card payments.
The charge level depends on the amount of the check:
A pattern of multiple bad checks can be charged as a single fraudulent scheme count under A.R.S. § 13-2310 – a Class 2 felony. If you have been contacted by a prosecutor or a bad check diversion program, contact Feldman Royle Ahl at (602) 899-8000 before responding.
Do not speak to law enforcement, Secret Service agents, or investigators about the documents, equipment, or items in question without an attorney present. Counterfeiting investigations – particularly those involving federal currency charges – often begin with a search warrant and a seizure before any formal contact is made with the target.
If your devices, printing equipment, or vehicles have been searched or seized, if you have received a target letter, or if investigators have contacted your employer or family members, contact Feldman Royle Ahl immediately at (602) 899-8000. Early intervention – before charges are formally filed – is when your defense attorney has the most leverage to shape the outcome.
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.
Counterfeiting and forgery cases in Arizona are built on physical evidence: documents, devices, currency, and digital records. Unlike many criminal charges, the evidence is almost always seized before any arrest. That means the defense starts not with what you say, but with what the prosecution has and whether they obtained it lawfully.
Most counterfeiting cases begin with a search warrant. We examine every warrant for probable cause deficiencies, overbroad scope, and execution errors. Evidence seized through an unlawful search is suppressible, and in a counterfeiting case where the physical items are the entire prosecution, suppression can end the case entirely.
Every counterfeiting statute in Arizona requires proof of intent to defraud. That element is rarely as clear as prosecutors claim. Legitimate printers, ID holders, check stock, and graphic design software all have lawful purposes. We present the full context of how the items were used or were not used, and force the prosecution to prove criminal intent beyond a reasonable doubt.
When counterfeit currency is involved, federal charges under 18 U.S.C. § 471 are almost certain alongside any state charges. Federal and state proceedings are separate and require coordinated defense strategies. The attorneys at Feldman Royle Ahl are experienced in both Maricopa County Superior Court and the U.S. District Court for the District of Arizona. You will not need a separate federal attorney.
If your property has been seized but no charges have been filed yet, that window is when your attorney has the most leverage. We can present your account to investigators, challenge the characterization of the evidence, and in some cases prevent charges from being filed at all.
From fake IDs and bad check charges to possession of a forgery device and federal currency counterfeiting, Feldman Royle Ahl handles the full range of counterfeiting and document fraud charges in Arizona. Contact us at (602) 899-8000 for a free consultation.
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