October 22, 2012 By Paul Wallin

The answer to this check fraud question really does depend on a variety of factors.   Check fraud is a “wobbler:” under California law which means that it can be charged as a felony or a misdemeanor.  If a felony the person is looking at a maximum of 3 years in county prison and as a misdemeanor they would be facing up to one year in county jail.  The most important factor in these cases is the dollar value of the fraudulent check.  The higher the value the more punishment the defendant typically faces.  The ability of the defendant to pay restitution in full to the victim prior to the resolution of the case will also be a major fact in determining punishment.  A defendant who can pay back restitution on full will almost always be in better shape than those who cannot.  Prior criminal history is also a huge factor.  A defendant with a clean criminal history is more likely to catch a break while someone with prior conviction, especially for the same type of crime, will typically be punished more severely.  Anyone facing check fraud charges in Riverside should contact the aggressive and experienced check fraud attorneys at Wallin & Klarich.

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