Bad Check Sentencing and Punishment – California Penal Code Section 476a

Under California Penal Code Section 476a, the crime of writing a bad check while aware of insufficient funds with intent to defraud is punishable as a misdemeanor if the total amount of the checks written does not exceed $450. Punishment for a misdemeanor offense entails imprisonment in the county jail for a period of up to one year.

The offense may be filed as a felony if the total amount of the checks written exceeds $450, or if the defendant had previously been convicted of certain forgery crimes.  A felony conviction may result in imprisonment in the state prison for up to three years.

Under California Civil Code Section 1719, the drawer will be required to pay to the payee (1) the amount indicated on the check and (2) a statutory service charge for an amount not exceeding $25 for the first check, and for an amount not exceeding $35 for each subsequent check.

If the drawer fails to pay this amount in full, the payee may then make a written demand that will require the drawer to pay (1) the amount indicated on the check, (2) any applicable statutory service charges, and (3) the costs to mail the written demand for payment. If the drawer then fails to pay in full within 30 days, then the drawer will be required to pay (1) the amount indicated on the check and (2) a statutory penalty of 3 times the amount indicated on the check, but not less than $100 or more than $1,500.

If you have been accused of writing a bad check with the intent to defraud, it is important for you to contact a skilled criminal defense attorney who can work on your case to have the charge dropped or reduced. Our attorneys at Wallin & Klarich have over 30 years of experience representing those facing bad check allegations and helping them develop an effective defense strategy. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.