California Check Fraud Lawyer

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What is Check Fraud?

Check fraud is generally defined as when a person attempts to or actually makes a purchase with a fake check. But in California, there is a specific definition and penalties for check fraud. 

What’s the Definition of Check Fraud in California?

In California, check fraud occurs when an individual passes, makes, possess, uses, or attempts to use an altered or false check with the intent to defraud the person/entity.

How Does Check Fraud Occur?

It happens when an individual either endorses or signs a check using another person’s name without permission. A real check can also become counterfeit by:

What Does the State Have to Prove to Convict Me of California Check Fraud?

The state has two prove: 

What Does "Intent to Defraud" Mean?

It means the defendant intended to deceive someone to obtain something of value like money or property by means of deception. 

What are the Penalties for Check Fraud in California?

The penalties depend on whether the defendant was charged with misdemeanor or felony check fraud. In California, check fraud is considered a “wobbler”, so a defendant can be charged with either a felon you a misdemeanor. The prosecutor will look to the facts of the case and the defendant’s criminal history in order to decide whether to charge the crime as a felony or a misdemeanor.

Misdemeanor check fraud is punishable by up to 1 year in jail and a fine of up to $1,000. While a felony check fraud conviction is punishable by probation and up to 1 year in jail, or 16 months to 3 years in jail and/or a fine of up to $10,000. 

What are the Defenses I Can Use to Fight Check Fraud Charge?

Defenses for check fraud varies according to the facts of the case. Some common defenses are:

Should I Consult a Lawyer For Help?

Yes. It’s important to hire a criminal lawyer to help you fight this charge.

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Last Modified: 08-03-2016 02:59 PM PDT

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