According to Nevada state law, a person who writes a check in the state must have sufficient funds in their account to cover the check. If the check is deemed insufficient because there is not enough money, it is commonly called a bad check and the person who issued it may get into trouble.
When Is It a Crime to Write a Check Without Having Money in My Account?
Nevada state law makes it unlawful to write a check without sufficient funds to cover that check when the person:
- Willfully intends to defraud; and
- Passes a check to obtain services, money, or property; or
- Draws a check to obtain money, services, or property
What Does It Mean to Defraud?
To defraud means the person purposely deceives a victim or misrepresents the facts to make the victim do what they want. The victim can be another individual, a financial institution, or a business.
What Does Intent to Defraud Mean?
Intent to defraud means the person purposely wrote the check knowing there was not enough money in the account to make good on the check, but makes it appear to the victim that they have sufficient money. A person writes a check believing they have money to cover the check does not have the intent to defraud.
What Is the Punishment for Passing a Bad Check in Nevada?
If the bad check is for less than $650, then the crime is a misdemeanor. The penalty for a misdemeanor is:
- Six months in county jail
- $1,000 fine
- Fine and county jail
If the check is for $650 or more and it is intended to pay for wages, then the crime is a gross misdemeanor. The punishment for this crime is:
- 364 days in county jail
- $2,000 fine
- Both a fine and time in jail
If the fake check is for $650 or more and was not issued to cover wages, then the crime is a category D felony. The penalty for a category D felony is:
- One to four years in prison
- $5,000 fine
- Fine and prison time
Can an Attorney Help Me?
Being accused of issuing a bad check is embarrassing enough without also having to deal with facing a criminal charge for the check. A Nevada criminal attorney will help you resolve your bad check charge in Nevada.