Writing Bad Checks
California Penal Code 476(a) makes it illegal for anybody to knowingly pass bad checks. In order to be prosecuted of passing bad checks, the prosecutor must prove three elements of the crime:
- The accused willfully wrote, delivered and/or attempted to use a check.
- The accused was aware there were insufficient funds to cover the full payment of the check.
- The accused intended to defraud the recipient of the funds.
California Penal Code 476(a) is a “wobbler,” meaning the prosecutor can charge you with either a felony or a misdemeanor depending on your criminal record and the details of the case. If you are convicted of passing bad checks as a misdemeanor, you could face up to one year in county jail and up to $1000 in fines.
To be convicted of a misdemeanor, you must meet the following criteria:
- The amount of checks that you fraudulently wrote was $450.00 or less
- You don’t have a prior conviction for any of the following:
- California Penal Code 476(a) – Bad Checks Law
- California Penal Code 470 – Forgery
- Any California forgery/counterfeit related offense
- California Penal Code 484 – Petty Theft
- A prior conviction to similar charges in another state
If you are convicted of passing bad checks as a felony, you could face up to three years in state prison and up to $10,000 in fines.
In addition to these penalties, you may also be forced to pay full restitution to the payee.
However, some local districts will allow you to participate in a diversion program instead of jail time. The diversion program allows you to pay restitution and attend an intervention program at your own expense in lieu of having to serve jail time.
Prosecuting Penal Code 476(a)
As previously stated, in order to be convicted of bad checks law, the prosecutor must prove the following elements of the crime beyond a reasonable doubt:
- The accused willfully wrote, delivered and attempted to use a check.
- The accused was aware that there were insufficient funds to cover the full payment of the check.
- The accused intended to defraud the recipient of the funds.
It is imperative to have a full understanding of the crime to know what the prosecutor must prove for you to be found guilty. The first element of the crime requires that you willfully wrote, delivered, or attempted to use a check. Willfully simply means that you deliberately wrote, delivered, or attempted to use a check and that the incident was not an accident.
The first element of the crime also uses the words attempted to use a check. This simply means that the prosecutor must prove that you tried to trick the payee into thinking the check was real and that sufficient funds existed.
The final element of the crime reads “you intended to defraud the recipient of the funds.” This means that the prosecutor must prove that your intentions were to defraud the recipient of the money. You do not need to be successful in your attempt, only that you attempted to commit the crime.
If the prosecutor can prove these three elements of the crime beyond a reasonable doubt, then you will be convicted of the crime and punished accordingly.
Defending Penal Code 476(a)
A skilled criminal defense lawyer will have knowledge and skillset to take the appropriate steps in order to prove your innocence of California’s bad check laws. The first legal defense that your criminal defense lawyer will explore is if you acted willfully. If your actions were not intentional, then you cannot be found guilty of the crime. If, for example, you were coerced into writing a bad check, then you cannot be found guilty of the crime since the action must be performed intentionally.
Furthermore, if you truly believed that you had sufficient funds in the bank at the time you wrote the check, you cannot be convicted under California’s bad check laws. The law is only intended to punish those who intentionally wrote a bad check. If you unknowingly wrote a bad check, then you may not be charged for the crime.
If you stopped payment of a check because you believed that the payee was not entitled to the funds, then you cannot be punished for the crime. The only way this legal defense works is if you can prove that the other party did not deserve the payment because of a legitimate dispute.
Finally, your criminal defense attorney will make sure that you are not the victim of mistaken identity. If someone is writing bad checks in your name, then it should be implied that you should not be charged for the crime. However, it then becomes the responsibility of your attorney to prove that you are not the one at fault.