Bad Check FAQs – California Penal Code Section 476a

1.    Can I still be charged for writing a bad check if no one was actually defrauded or actually suffered a loss from it?

Yes. For the purposes of this crime, it is not necessary that anyone actually be defrauded or suffer a financial, legal, or property loss as a result of your actions. The crime is completed when you write a bad check knowing you have no money and have the intent to defraud.

2.    Can I be charged for other crimes if the check was used to buy items?

Yes. If you used a check with insufficient funds to obtain property, you may also be charged with grand theft under California Penal Code Section 487. However, you cannot be sentenced on charges of writing a bad check and grand theft for the same conduct.

3.    If I used multiple checks, can I be charged a separate count for each check?

In general, the prosecution may charge a separate count for each check when the total amount exceeds $450. However, if the individual checks do not meet the $450 amount, and the offense is charged as a felony only because the total value exceeds the statutory amount, the prosecution can only charge a single felony count covering all the checks. If the felony charge is based on prior forgery-related convictions, the prosecution may charge each check as a separate felony count.

4.    Do I have to be the one to write and sign the check to be charged?

No. Although the person who is normally charged with passing a bad check is the one who signed it, a person who knowingly passed it on or endorsed the check may also be charged.

5.    If I’m facing a bad check felony charge, is there any way to reduce the charge?

Yes. In some cases, if you retain a criminal defense law firm once you learn that you are being investigated for a bad check charge, it is possible that the criminal charges against you can be avoided. This will depend upon whether your law firm will be able to effectuate what is called a “civil compromise” per Penal Code Section 1377-1378.

6.    Does the total dollar amount of the bad checks determine whether the crime will be charged as a felony or misdemeanor?

Yes. You will incur a felony charge if the total dollar amount of the bad checks exceeds $450. On the other hand, the offense will be charged as a misdemeanor if the total amount of the checks does not exceed $450 and you have not been previously convicted of a forgery offense.