Criminal defense across Denton County and Collin County

Trademark Counterfeiting

Chapter 32 of the Texas Penal Code defines offenses relating to fraud.

“Trademark Counterfeiting”, as per § 32.23 of the Texas Penal Code, occurs when a person intentionally manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute a counterfeit mark or an item or service that:

bears or is identified by a counterfeit mark; or

the person knows or should have known bears or is identified by a counterfeit mark.

An offense under this section is a:

Class C misdemeanor if the retail value of the item or service is less than $100;

Class B misdemeanor if the retail value of the item or service is $100 or more but less than $750;

Class A misdemeanor if the retail value of the item or service is $750 or more but less than $2,500;

state jail felony if the retail value of the item or service is $2,500 or more but less than $30,000;

felony of the third degree if the retail value of the item or service is $30,000 or more but less than $150,000;

felony of the second degree if the retail value of the item or service is $150,000 or more but less than $300,000; or

felony of the first degree if the retail value of the item or service is $300,000 or more.

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Why clients call Tim Powers Law

Former prosecutor and former judge insight

Aggressive defense in Denton and Collin County

Former prosecutor and former judge insight

Aggressive defense in Denton and Collin County

Misdemeanor B

Confinement in jail for a term not to exceed 180 days

Fine not to exceed $2,000

Misdemeanor A

Confinement in jail for a term not to exceed one year

Fine not to exceed $4,000

State Jail Felony

Confinement in a state jail for not more than two years and not less than 180 days

In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

Imprisonment in the institutional division for not more than 10 years or less than two years

In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

Imprisonment in the institutional division for not more than 20 years or less than two years

First Degree Felony

Imprisonment in the institutional division for life, or

Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon

Punishment Range Misdemeanor C Fine not to exceed $500 Misdemeanor B Confinement in jail for a term not to exceed 180 days Fine not to exceed $2,000 Both such fine and confinement Misdemeanor A Confinement in jail for a term not to exceed one year Fine not to exceed $4,000 Both such fine and confinement State Jail Felony Confinement in a state jail for not more than two years and not less than 180 days In addition to confinement, may receive a fine not to exceed $10,000 Third Degree Felony Imprisonment in the institutional division for not more than 10 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 Second Degree Felony Imprisonment in the institutional division for not more than 20 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 First Degree Felony Imprisonment in the institutional division for life, or Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon In addition to imprisonment, may receive a fine not to exceed $10,000 Back to Index About Our Firm Contact Us Request a Free Case Evaluation Let Us Put Our Experience to Work for You

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Office locations

Denton office: 215 West Oak Street, Denton, TX 76201

McKinney office: 230 East Hunt Street, Suite 101, McKinney, TX 75069

Plano office: 7200 Dallas Parkway, Plano, TX 75024

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