Is fraudulent check writing a felony
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Worthless or Bad Checks- Florida | Definition and Penalties
Videos on Colorado Criminal Law. Check fraud may result in misdemeanor or felony charges , depending on the amount of fraud involved. In this article, our Colorado criminal defense lawyers will address:. Intending to defraud someone by using a check to pay for something without sufficient funds is check fraud. The penalties for check fraud depend on the value of fraud involved and type of fraud.
Bad Check Laws – California Penal Code Section 476a
Under C. If an individual is involved in two or more incidents of check fraud within a day period, the value of the fraud will be combined and charged as a single offense.
Opening up a checking account using false identification or an assumed name in order to commit check fraud is a class 2 misdemeanor. In addition to criminal penalties, if a deferred prosecution is available, the court may require the defendant to pay restitution on all unpaid checks as a condition for treatment or rehabilitation.
In order for the prosecutor to prove you are guilty of check fraud, they have to prove beyond a reasonable doubt that you intended to commit fraud. This requires establishing a culpable state of mind. Except in the case of a postdated check, the defendant's knowledge that they have insufficient fund may be presumed if:. Check fraud may involve other related offenses. Passing a bad check even without the intent to defraud someone is also a criminal offense. Identity theft charges may also be involved when another person's information was used to pass off a fraudulent check. It may also involve general theft or larceny charges.
In Colorado, it is a criminal offense to use another person's personal or financial identifying information to obtain anything of value. This includes using another person's identity in a check transaction to commit check fraud. Identity theft is a class 4 felony in Colorado.
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Under Colorado law, it is a crime to pay with a check knowing that you do not have enough money to cover the funds. In addition, the defendant may have to pay restitution for the amount of the bad check. However, if the check you wrote was for an amount much higher than what you have in your account, it may be easier for the prosecution to prove you intentionally wrote a bad check. The prosecution may be able to obtain your bank records to demonstrate how much you had in your account at the time you wrote the check.
While a low account balance isn't enough to convict you, it can help build the case against you.
Similar to writing a bad check is intentionally and illegally altering a check but presenting it to be genuine. This is considered check fraud or forgery. Fraud is a broad criminal category that covers many different forms of falsely presenting information for the benefit of you at the expense of others. Forgery implies you altered the check in some way.
For example, if you forged a signature on a check that was not yours or altered the amount on the check. Check fraud is a very serious charge and is a wobbler crime in California. Regardless of whether or not you are criminally prosecuted for writing a bad check, the merchant you defrauded can collect damages from you, which can include the amount you bounced, returned check fees and even attorney's fees if they hired one to pursue the lost funds. In many cases, if the amount is small and you can cover it quickly, no civil action will be taken against you.
However, if you bounce checks repeatedly and do not cover the costs, a civil lawsuit can be brought against you. For this reason, it is best to never write a bad check intentionally and if you do bounce a check, make sure you make it right and pay all the fees immediately to avoid any involvement from the courts, either criminal or civil.
Have you or a loved one been charged with writing bad checks or check fraud?
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