First of all, what is check fraud and how does this crime occur? This takes place when a defendant writes bad checks with fraudulent purposes, usually so that they can benefit without actually putting forth the money for a product. Sometimes, it takes place when you sign someone else’s name on a check, forge a signature, alter writing on a check to increase the amount, use a fake check, and more. Whether the crime is a felony or not depends on the circumstances of the crime and how severe it was, as well as what losses somebody suffered because of it.
If you end up being charged with this crime, the prosecutor in your case will need to be able to show that you acted in a way that was supposed to defraud someone. For instance, if you wrote out a fake check, the prosecution will have to show that the check was fake and that you knew about it. Even if there were no losses by another party, you could still be charged because feigning a check is still a crime.
Misdemeanor or Felony?
You may be wondering if this crime is a misdemeanor or felony so that you can get a better idea of the penalties you might be facing. When somebody is charged with check fraud, the involved bank will typically press charges due to the fake check. Most check fraud doesn’t involve small amounts of money, but instead large amounts. This is why, when this crime occurs, it could very easily lead to a felony, especially if somebody lost out on thousands to millions of dollars as a result.
This crime is treated so seriously that, in the most serious cases, it could wind up costing you 30 years or less in prison as well as punitive actions. This means that you will have to pay the company and more. However, if you know that you did not commit this crime, you have some defenses that you can use. Perhaps you can prove that you aren’t the one who committed the fraudulent activity, that the bad check was actually post-dated, or some other defense that will relieve you of these charges.
This is where we come in. At the Law Office of Peter Blair, we want to help you get the results you deserve when you are defending yourself against serious charges. Call us as soon as possible so that we can get started on your case.