Bad Check Laws in California

Is It Illegal To Bounce a Check?

Bad Check Laws in California

Bouncing a check occurs when you have less money in your account than the amount drawn on the check. For a bounced check to be a crime in California, you must know you did not have enough money in your account to cover a check. However, an illegal bad check can result in felony penalties. Therefore, it is vital to avoid bouncing any checks. Even if it was an honest mistake, law enforcement might accuse you of a crime and jeopardize your freedom.

What Is an Illegal Bad Check?

To convict you of the crime of writing an illegal bad check, a California prosecutor must prove that you:

  • Willfully wrote a check and used or attempted to use the check for payment;
  • Had insufficient funds in your checking account to cover the amount of the check;
  • Knew that your account had insufficient funds to cover the payment amount on the check; and,
  • Intended to defraud someone else by writing the check and using or attempting to use it.

Filling out the entire check is not in itself a crime until you sign the document to authorize payment. It is your signature that makes the check valid for payment and can lead to criminal liability.

Different financial instruments other than typical checks also are covered by this law. Any written order that a bank, firm, or individual pays the person or business listed as the payee can be considered under California’s bad check law.

What Is Intending To Defraud?

If you actually believed the bank would payout when you wrote the check, you did not intend to defraud anyone. Instead, you must plan to deceive or trick another individual for a bounced check to be illegal.

Additionally, signing a bad check and keeping it in your wallet or pocket is not criminal. You must use or attempt to use the check. To satisfy this requirement in court, the prosecutor must prove that you handed or presented the check to the person or payee you intended to defraud, or at least filled out and signed the check in front of the other individual or payee, with no indication that you would not hand or present it to them.

Finally, no one has to actually be defrauded or lose money for you to be convicted of writing a bad check. As long as you acted with the intent to defraud and satisfied all the other requirements of the crime, you can be punished for your conduct.

Punishments for Illegal Bounced Checks

If you are charged with writing a bad check in California, whether you face misdemeanor or felony punishment depends on the amount of the check or checks. As long as the check is for $950 or less, the crime is a misdemeanor.

The maximum penalties for misdemeanor bad checks included up to a year in jail and a fine of $1,000. If the amount of the bad check or checks total more than $950, you can face felony charges. The top sentence for this crime includes up to three years in jail and a $10,000 fine.

Additionally, passing bad checks can result in the person defrauded suing you in civil court. The payee can receive the full amount of the check plus an additional $1,500 in damages.

If you face charges for a bounced check in Irvine, California, contact the experienced criminal defense team at the Chambers Law Firm. You can schedule an initial consultation by calling 714-760-4088 or emailing dchambers@clfca.com.

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