If you write a check with the intent to commit a fraud, it may be prosecuted
It has happened to most people at some point in their lives: whether you are simply short on cash or forgot to transfer funds into your checking account, you are overdrawn. Perhaps you receive an insufficient funds notice when you try to use your debit card or see an overdraft fee on your statement. But you may also be going about your day, not realizing that your bank account is low, when you write a check for a good or service. The check then “bounces” due to insufficient funds. Is that a crime under California law?
According to a criminal attorney Los Angeles, CA, no — not if you did not know that there were insufficient funds in your account and had no intention to commit a fraud. However, there are situations where a person could be charged with passing a bad check when the facts are slightly different.
For example, if you are at the local big box store and pull out your checkbook to pay for a fairly large order, you may notice that your checkbook is an old one for an account that you closed a few months ago. Despite the fact that the checks are no longer valid, you go ahead and write a check, figuring that it’ll be days before anyone realizes that the check was invalid. In that situation, you have committed a violation of the law.
Under California’s “bad checks” law, you commit a crime if you (1) write or pass a check; (2) knowing that there are insufficient funds in the account to cover the full amount of the check; (3) with the intent to commit a fraud. A violation of the bad checks law is a misdemeanor if the check or checks are valued at $950 or less and you do not have certain prior convictions on your record. Otherwise, a violation is a wobbler offense, which means that it can be charged as a misdemeanor or a felony, depending on the circumstances of the case and your criminal history. If charged as a misdemeanor, it can lead to one year in county jail and a fine of up to $1,000. If charged as a felony, it can lead to up to 3 years in state prison and a fine of up to $10,000. In addition the victim could sue you in civil court to recover damages for the full amount of the check plus addition damages of up to $1,500.
Importantly, it does not matter if you actually are successful in passing a bad check. If you simply attempt to do so, it is a violation of the law. What matters is that you have an intent to commit a fraud, regardless of whether anyone suffers a loss or is defrauded.
There are numerous defenses that a criminal attorney Los Angeles, CA can use to defend you against a bad checks charge. For example, if you honestly believed that you either had or would have enough money in your account to cover the check, then you had no intent to defraud. If you post-dated the check, then that could also serve as a defense to the charge. Consulting with a skilled criminal attorney Los Angeles, CA can help you determine other possible factual and legal defenses.
At the Chambers Law Firm, we work with client who have been charged with a variety of crimes, including ones related to bad checks. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
