California law prohibits passing, writing, or using fraudulent checks. Check fraud is a serious offense that attracts severe penalties, including spending time behind bars and paying hefty fines. Sometimes the penalties may be more severe since the crime is charged together with other crimes. If the police arrest you over check fraud in Sacramento, CA, you need to seek the help of a criminal attorney to help you.

At the California Criminal Lawyer Group, we have extensive knowledge of the state's fraud laws and many years of experience fighting against check fraud accusations our clients face. Contact us so that we begin working on your case right now.

Understanding Check Fraud

Check fraud is a criminal act involving unlawfully, deliberately, and intentionally depriving another person of money or property using deceptive means. In check fraud, you use unfair means to deny money using checks.

Overview of Check Fraud

Committing check fraud involves making, passing, possessing, or using a fake or an altered check to defraud. In California, attempting to do any of the given above is check fraud. The offense is complete when you act willfully and intentionally. Check fraud comes in many forms in California, and signing a check for someone else without their consent is the most familiar. Several actions trigger charges for the crime including,

  • Check Theft

Check theft happens when the defendant steals a check and then tries to pay for goods or deposit it into their account. Again, it also includes trying to sign another person's check without their knowledge.

  • Chemical alterations

You are involved in check fraud when you rub the impression on the alleged check to receive finances. You will still face the charges even if you fail in your goal to engage in the crime.

For example, Bill owes his neighbor $1000 to pay the neighbor after driving under the influence case. Bill writes a check of $100 to pay the neighbor. Out of anger, the neighbor alters the amount in the check to $1000. The neighbor will face charges for check fraud since he changed the amount in the check.

  • Forgery

You are involved in check fraud by issuing the check-in question without permission. The crime occurs mainly in organizations where workers could issue a check without the authority of their employers.

  • Identify Check Fraud

A person commits Identity check fraud by opening an account indicating another person's name and writing a check through the account.

Types of Check Fraud

The following are the varied types of check fraud:

Passing Fake Checks

A fake check does not exist. In a counterfeit check, the bank, bank account, or the signatory does not exist. The checks are created using computers or private machines. Culprits pay for goods or pass the fake check as genuine. The offense is different from passing a check for a bank with an insufficient balance.

Altering a Check

You alter a check when you add, delete or change the information existing in a check. The changes must be visible such that the check is different from its original state. The changes should also be in a manner that changes the document's financial value or legal status. When making alterations, people commonly change the date of a post-dated check, add the number of zeros in the given amount, or change the account number.

What The Prosecutor Must Prove

In California, the prosecutor should prove the elements before you face conviction. These are:

You Made, Possessed, Passed off a Fake Bill, Check, or Other Legal Documents

 In California, Passing, making, or using a fraudulent check with intent to obtain money is illegal. Before facing conviction, the prosecution team must show you had the fake bill and pass it to someone else for payment. You must have altered the document before you face conviction. Since banks detect forged checks, it will be easy for the prosecutor to prove your acts.

 knowledge About The Check

The prosecutor must prove you knew the nature of the check before you face conviction. A check may be fraudulent when the bank, bank account, or signatory does not exist. Culprits of a fake check may try to pass it as genuine by cashing it in. Again a fake check may be altered by adding the number of zeros. You will not face conviction if you lack knowledge of the fraudulent nature of the check.

Knowledge On Inadequate Funds

The bank will notify you when you have insufficient funds in your account or when trying to make a check. After the notification, you have to pay the check amount within five days. The prosecution may argue that the bank notified you when you failed to pay, but you proceeded to make the transaction, proposing to defraud.

You Intended to Defraud

Intent to defraud is outlined as trying to gain benefits over someone else by dishonest means. It also includes inducing another party to part with their property or money based on misrepresentation.

The prosecution must prove your intent to gain benefits over someone else through misrepresentation of facts or fraud ways. You would not face charges for PC476 if you didn't have the intent to defraud. The prosecutor has the burden of convincing the court you intended to deceive someone else and receive financial benefits.

You have to note that you will still face conviction for the crime even when your plans to defraud fail. As long as you have the fake check, propose to use it and intend to pass it as a sincere one. The prosecutor must also convince the jury that your target was to deceive someone else out of their money or property. However, when the prosecutor lacks enough evidence to show your intent to defraud, you will beat the charges. Therefore you will avoid spending time behind bars.

You Present The Check As Genuine

You may pass a check to another person by representing it as genuine. The representation may be in Varied forms like writing, words, actions, indirect, direct, or through the mail. The conviction of the crime happened when you were aware the check was fraudulent. If you did not know the check was fraudulent, you could not face conviction.

For example, A shopkeeper is paid by a customer using a check. The shopkeeper uses the check to settle her house rent. Later, it turns out that the check is fake, and the shopkeeper is innocent during the trial. The defense attorney will argue that the shopkeeper lacked knowledge about the false nature of the check.

Penalties For Check Fraud

Check fraud is a wobbler offense under California laws. You face charges for misdemeanor or a felony, depending on the circumstances surrounding your case. When accused of check fraud misdemeanor, you pay a fine not exceeding $1000 and face imprisonment up to one year in jail.

If you were previously sentenced for check fraud and identity theft, you receive felony charges regardless of the amount involved. The following are the penalties for felony charges:

  • Imprisonment in jail from one and half years to 36 months.
  • Fines not exceeding $10,000.
  • You lose the right to possess a gun.
  • Probation.

After serving your sentence in jail, you may spend the remaining time on probation. Your probation will last for 36 months. You have to note that, while serving your probation, you ought to stick to probation rules. When you fail to obey the probation terms, your license may be revoked or your imprisonment restored.

After facing a check fraud conviction, your immigration status may be negatively affected. If you are non-citizens, you may face deportation. When you’re a juvenile, the crime affects your life. It will be an obstacle during your college admissions. Fortunately, you can still clear your criminal records after completing probation. When eligible for expungement, you will clear your criminal history and apply for college and jobs without any obstacles.

Legal Defenses for PC 476

As much as you want the court to dismiss your charges, you should be willing to hire a lawyer to help you in building a strong defense. The lawyers use various defenses to challenge the prosecution team while fighting against the charges against you for violating PC 476. The defenses include:

Lack Of Intent

The intent is among the check fraud elements that the prosecutor needs to prove. Therefore, You cannot face conviction for check fraud if you did not target to defraud. The prosecutor should prove your intent to defraud for you to be convicted. For example, if you were trying out new technology by faking or forging a check without the plan to use it or cash it, you cannot face conviction.

With the help of a criminal attorney, the lawyer may examine the nature of the crime and build strong evidence showing you did not plan to defraud. You will do that by arguing you were not planning to deceive the victim to receive money or other benefits. Again, you may use this defense if you altered or signed a check in another person's name with an honest belief you had the right to do so. A responsible attorney may claim you lacked the intent to defraud hence beating the charges.

Lack of Knowledge

You have to note that you only face conviction for check fraud when you know the fake or nature of the document. You may argue you lacked knowledge about the check. Thus the court will dismiss or drop the charge.

False Accusations

Check fraud is among the crimes you may be falsely accused of performing—most suspects of check fraud like to remain hidden. You may have passed a check which was not genuine, but you didn't know since it had been passed to you by someone else. In this case, you are not the appropriate person to blame. The liable party is the person responsible for changing, altering, or passing the check to you.

You may fall victim as someone may accuse you out of revenge, anger, or jealousy. A competent attorney could help you establish facts, collect all available evidence, and beat the charges when falsely accused.

Lack of Consent to Alter the Cheque

You must have consented to defraud through passing, using, or altering a fraudulent check to face conviction for check fraud in California. Sometimes, a check may appear to have been altered, erased, or changed. The changes don't signify the defendant is guilty. You might have made the changes with the consent of the appropriate person, and in this case, the court will find you innocent.

Claim the Check is Authentic

Sometimes a genuine check may be mistaken to be fake. You may argue the check was real and order a proper investigation of the document. When the presented check is genuine, you defeat the charges.

Miranda Rights

When facing arrest for violating Pc 476, you might make statements to the arresting officer likely to be used against you in court. When the law enforcement officers present the statements against you in court, your defense attorneys may argue the arresting officers violated your Miranda rights. Miranda rights are entitled to every citizen, and they include the right to remain silent and the right to have an attorney. If you made the statements before the law enforcement officers recited the Miranda rights, they could not be used as evidence against you in court.

You Did Not Provide The Check as Authentic

To face conviction, the prosecution team must show you attempted to present the fraudulent check as authentic. The presented check should bear a resemblance to a real one that can be accepted as genuine. As a defense, you may argue you presented a false check, and you didn't expect anyone to receive it as a genuine one.

The Handwriting on The Check Doesn't Resemble Yours

When accused of altering a check, the prosecutor has to prove your handwriting was used to alter the check for financial gains. Our Sacramento defense lawyers may present a handwriting expert to testify in court as a witness. The expert will examine your handwriting samples then testify in court, helping you beat the charges.

Unsound Mind

In California, you cannot face conviction for any crime as long as you had an unsound mind while committing the crime. When your attorney has evidence to show you had an unsound mind at the time of the crime, you cannot face charges.

Can You File For Expungement After Conviction?

A potential employer may fail to employ you if you have a previous check fraud felony conviction. Again, with a previous felony conviction, it may be demanding to receive admission in college or when you seek to obtain a professional license. You have to note that you may file an expungement petition and evade the impacts of your criminal history.

Filing an expungement relieves you from negative impacts associated with a check fraud conviction. After deleting your records successfully, potential employers cannot use your criminal records as an excuse for denying you an occupation. However, you can only be able to seek expungement after completing your probation. Successful probation involves completing all terms, including fine payment, restitution, and counseling.

After completing probation, you should file a petition to the criminal court for your expungement. A criminal lawyer may speed your expungement by ensuring you have all the required documents for a petition. Expungement will clear your criminal history, making you liable for admission in a college, loan, and employment.

Crimes Charged Alongside Check Fraud

Check fraud is one of the crimes punishable by California laws. In California, there are crimes charged alongside PC456 though they have varied penalties. The crimes include:

Forgery PC 470

Forgery involves altering, making, using, or possessing false writing with the intent to defraud. Again, You commit forgery by Falsifying the official seal, Presenting a false check as authentic, or signing another person's name. The prosecution must show you aimed to defraud you to face forgery charges.

In California, forgery carries wobbler charges. Misdemeanor penalties include imprisonment in jail for one year and a fine, not more than $1000.

For a felony conviction, the penalties include imprisonment in jail for three years and a $10 000 fine. When facing forgery charges, there are potential legal defenses you may use. They include lack of intent, coercion, and lack of knowledge.

Grand Theft PC 487

Grand theft is unlawfully taking another person’s property worth $950 or above. You will face grand theft charges if you issue a fake check that results in $950 or more. You will face charges for either felony or misdemeanor. Penalties for grand theft misdemeanor include imprisonment in jail for one year.

You faced felony conviction when you had previously faced felony charges or aggravated the nature of your case. The penalties for felony conviction include imprisonment in jail for three years. You may defend yourself against the charges by claiming the property owner consented to your ownership of the property, lack of intent to steal, and when you had a reasonable belief the property was yours.

Petty Theft

PC 488 is unlawfully taking another person's property without the owner's consent. When taking the property, you should have intended to deprive the owner of enjoying its benefits permanently. The item must have a value of $950 and below. When involved in check fraud and the amount involved is less than $950, you will face conviction for check fraud and petty theft. The prosecutor should prove the property belonged to someone else, you did not have permission from the owner when taking the property, and you wanted to deny the user from enjoying the property at the time you took it.

The crime is charged as a misdemeanor under California laws. When you face conviction, the penalties include imprisonment in jail for one year and a $1000 fine. However, the judges may opt to issue informal probation whereby you spend part of your time in prison, then on probation. The defenses you may use to fight for petty theft charges include you had the rightful claim to the property, you had the owner's consent when picking the property, and you lacked the intent to deprive the owner of enjoying the property.

Writing Bad Checks PC 476(a)

You write a bad check when you pass or write a check knowing there are insufficient funds in the account to cover the entire amount in the check. The prosecutor should be able to prove there were insufficient funds in the account at the time you wrote the check. Again, they should prove you did so with the intent to defraud. After committing the crime, you may face charges for both check fraud and bad check. For example, when you make a fraudulent check with a name of a false bank then try to cash it out, you are involved in check fraud and bad checks. The check is forged, and there are insufficient funds since the bank doesn't exist.

Under California laws, writing a bad check is a wobbler. You face charges for a misdemeanor if the check value is less than $950. Alternatively, you face felony charges if you write a bad check costing more than $950 or when you have a prior felony conviction. Penalties for felony conviction include imprisonment for three years in jail and restitution fees to the victim. The legal defenses to bad check crime include, you in good faith believed you had enough money to cover the check, you had post-dated the check before issuing it to the payee, and the bank made a mistake that prevented them from withdrawing the funds.

Find a Criminal Defense Attorney Near Me

When you face arrest for check fraud in Sacramento, CA, you need to take it seriously due to its severe consequences. Involvement in a check fraud crime may leave you with a criminal record, making it impossible to receive admissions in college, employment, or a loan. Instead of waiting for the criminal record to affect your future, you need to contact a criminal attorney to assist you in fighting the charges.

At California Criminal Lawyer Group, our attorneys have many years of experience in handling check fraud cases. Therefore, we are the best fit for handling your case to help you evade conviction or have your charges lowered. Call us today at 916-775-7660 and speak with our lawyers.