Counterfeiting Defense Attorney in Plano

State & Federal Counterfeiting Defense for Collin County Since 1995

Law Office of Mac Morris defends clients in Plano, Frisco, McKinney, and throughout Collin County against counterfeiting charges at both the state and federal level. Attorney Bryan Mac Morris has personally handled criminal matters here since 1995 and manages every case himself.

If you’re under investigation or have been charged, don’t wait. Call our counterfeiting defense attorneys in Plano at (972) 846-8214 for a free consultation, available 24/7.

Texas Penal Code Section 32.23: Trademark Counterfeiting

Texas Penal Code Section 32.23 prohibits intentionally manufacturing, displaying, advertising, distributing, offering for sale, selling, or possessing with intent to sell an item bearing a counterfeit mark when the person knows or should have known the mark was counterfeit. The range of consequences under this statute is wide.

The offense grade depends on the retail value of the counterfeit goods. Retail value under $100 is a Class C misdemeanor carrying a fine up to $500. At the high end, the highest-value tiers reach a first-degree felony, punishable by five to 99 years or life in prison. When the conduct is part of one scheme or continuing course of conduct, the State can aggregate the retail values of all items involved to place the charge in a higher offense grade. That aggregation rule is one of the most consequential features of this statute and one of the first things we examine when building a defense.

On the resolution side, Texas law permits judges and juries to grant probation for trademark counterfeiting, and judges may accept deferred adjudication plea agreements, which may avoid a final conviction on the record. One development worth knowing: as of September 1, 2025, the Texas Legislature extended the limitations period for felony-level Chapter 32 offenses to seven years for conduct occurring on or after that date, giving prosecutors a longer window to file felony counterfeiting charges.

Federal Trafficking in Counterfeit Goods Under 18 U.S.C. Section 2320

Federal law treats counterfeiting as a trafficking offense. Under 18 U.S.C. Section 2320, it’s a federal crime to knowingly traffic in goods or services bearing a counterfeit mark, with trafficking defined as transporting, transferring, or otherwise disposing of goods for commercial advantage or financial gain. A first federal conviction can carry up to 10 years in prison and a fine up to $2 million. A second or subsequent offense raises those ceilings to 20 years and $5 million. Cases involving military goods, drugs, or conduct that causes serious bodily injury carry even higher potential penalties.

Federal investigations into counterfeit goods are frequently led by Homeland Security Investigations or the FBI. Because these agencies operate independently of local law enforcement, a target can face federal charges even when the underlying conduct was also investigated at the state level. The same transaction can produce a Texas indictment and a federal indictment at the same time. Attorney Bryan Mac Morris is admitted to practice in the U.S. District Courts for the Eastern and Northern Districts of Texas and has litigated federal white-collar criminal cases in those courts, so our clients facing dual-track exposure may not need a separate attorney for the federal side.

Defense Strategies in Counterfeiting Cases

Both Texas and federal counterfeiting statutes require proof of intent to sell or distribute. Possessing a counterfeit item for personal use generally doesn’t satisfy the elements of either offense. Where the prosecution’s evidence of intent is thin, that distinction becomes a central argument.

Common defense angles we examine in these cases:

• Whether the mark was genuinely counterfeit: Goods that were authentic but repackaged or altered after distribution may not meet the legal definition of a counterfeit mark under the applicable statute.
• Knowledge of the counterfeit status: Both statutes require that the defendant knew or should have known the mark was counterfeit. Quantity and surrounding circumstances factor into that analysis, but lack of knowledge remains a viable argument in the right fact pattern.
• Intent to distribute vs. personal possession: The line between possessing for personal use and possessing with intent to sell matters enormously to the charged offense grade.
• Aggregation challenges: Under Texas law, the State must demonstrate that multiple transactions were part of a single scheme before aggregating their values. That connection isn’t automatic and can be contested.

Under Texas law, the State bears the burden of proving every element of trademark counterfeiting beyond a reasonable doubt. A defendant has no obligation to prove innocence, and we build our approach around holding the prosecution to that standard.

Why Collin County Clients Work with Law Office of Mac Morris

Bryan Mac Morris has personally handled more than 7,500 criminal matters since 1995, tried more than 500 jury trials, and achieved dismissals or reductions in more than 2,500 cases. Those numbers reflect three decades of practice in the same courts where Collin County counterfeiting cases are heard.

Local Courtroom Familiarity
Nearly 30 years in this jurisdiction means Attorney Mac Morris knows the prosecutors at the Collin County Criminal District Attorney’s Office and the judges who preside over these matters. That familiarity shapes how we approach negotiations from day one.

Teaching Background & Client Communication
Before practicing law, Attorney Mac Morris spent 10 years as a teacher and coach in the Texas public school system. That background shapes how he works with clients: he explains the legal process clearly, walks through options without jargon, and helps you understand what’s happening at every stage.

Personal Case Management
Every case at our firm is personally managed by Attorney Mac Morris. No associates take over. No paralegals substitute for attorney attention.

How Counterfeiting Cases Move Through Collin County Courts

Almost all Collin County criminal cases are heard at the Russell A. Steindam Courts Building in McKinney, which also houses the Collin County Criminal District Attorney’s Office. For a felony-level trademark counterfeiting charge, a grand jury must return an indictment before the case is docketed in one of the district courts. Class A and Class B misdemeanor-level charges are filed by information and go through one of the county courts at law. Knowing which courtroom your case may land in and which prosecutors handle that docket shapes how we approach negotiations and trial preparation from the start.

Talk to a Counterfeiting Defense Lawyer in Plano Today

Whether you’re facing a state charge, a federal investigation, or both, the time to act is before charges are finalized or plea deadlines pass. We offer a free initial consultation, are available 24/7, and serve Spanish-speaking clients. Hablamos español.

Call our Plano counterfeiting defense attorneys at (972) 846-8214 to discuss your situation and your options.