Bad Check Overview – California Penal Code Section 476a

The bad check law of California recognizes the act of knowingly writing a bad check as a punishable crime. A bad check is written when a person (“drawer”) writes a check to a person or business (“payee”) knowing that there are insufficient funds to cover the amount of the check, or if the drawer stops payment after writing the check.

To be convicted, the prosecution must prove that at the time you wrote the check, either acting on behalf of yourself or as an agent to another, there was a lack of sufficient funds to cover full payment of the check. The prosecution must also show that you were aware of the insufficient funds at the time and that you acted with the intent to defraud.

As defined under California Penal Code Section 476a, writing a check while knowing that funds are insufficient can be charged as a misdemeanor offense that can result in sentence of up to one year in county jail. In some circumstances this offense can also be filed as a felony with a jail sentence of up to three years in state prison.

This crime is also penalized civilly under California Civil Code Section 1719, which imposes the obligation to not only pay the face amount on the check, but also a statutory service charge or a statutory penalty charge.

If charged with this crime, you can raise certain “good-faith” defenses. It often occurs that a person charged with writing a bad check had honestly believed that he/she had sufficient funds, or was simply absent-minded when writing the check. To be convicted of this crime, a person must have “knowingly intended to defraud.” Any showing that no such intent existed at the time the check was written is a valid legal defense to this charge. A person, therefore, who writes a bad check, but acts in good-faith, may only be required to pay the face amount of the check without incurring any additional penalties.

If you are facing allegations that you knowingly wrote a bad check with the intent to defraud, it is important for you to consult with a skilled criminal defense attorney with knowledge of bad check law. At Wallin & Klarich, our attorneys have over 30 years of experience in helping people overcome allegations of knowingly writing checks without sufficient funds. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.