Check Fraud Defenses – California Penal Code Section 476

There are a number of different defenses that may be raised to overcome check fraud allegations. An experienced criminal defense attorney can raise certain defenses depending on the particular facts of the case. If the arguments are successfully presented, the charges against the accused may be dismissed or at least reduced to a less serious offense. Below are just a few defenses to consider.

Lack of Knowledge
An element of the crime that must be proven by the prosecuting attorney is that the accused knew the document was false or altered. An attorney will examine the particular circumstances of the case, and if the facts indicate that the accused was simply unaware of the document’s falsity, their attorney will raise that defense in court. If the attorney can successfully raise this defense, the charges will likely be dismissed or the accused will be acquitted of the charges.

Lack of Intent to Defraud
There is no forgery committed if the accused did not have the intent to defraud. If their attorney can demonstrate that the accused did not have the intent to deceive another out of money, goods, services, or other things of value, the accused will not likely be convicted. An experienced attorney will examine the particular circumstances of their case to provide evidence of this lack of intent. For example, given the nature of their relationship, certain employees or spouses can argue that they honestly believed that they had the authority to make changes to a document or sign for the other person. This belief can negate any inference of an intent to defraud.