The potential consequences for passing a bad check differ by state, but no matter where you live, doing so is likely to result in severe penalties. Even if you did so unintentionally, you could still face an uphill battle trying to prove what transpired and what your frame of mind was at the time of passing the check. But you don't have to face this problem alone. The LLF Law Firm can help. Call 888-535-3686 or fill out our online form to schedule a consultation and tell us about your case.
What Does it Mean to “Pass a Bad Check”
In Pennsylvania, intentionally passing a bad check is a criminal offense. But what exactly does it mean to pass a bad check? These are the three important elements to take into account:
- Knowledge of Insufficient Funds: This means that there needs to be an understanding that the account has insufficient funds to cover the amount of the check.
- Intent to Deceive: There has to be intent to deceive the recipient into believing that the check is valid and will be cashed by the bank.
- To Receive Goods or Services: The check has to be used to obtain goods, services, or money from another person or entity.
When Is it A Misdemeanor vs a Felony?
What makes passing a bad check a misdemeanor vs a felony? The answer is very simple: the value of the check. In fact, if the check is for less than $200 dollars, the conduct isn't even considered a misdemeanor but a summary offense. However, if the amount surpasses that, we enter into misdemeanor territory, broken down as follows:
- Third-Degree Misdemeanor: If the amount of the check is between $200 and $500.
- Second-Degree Misdemeanor: If the amount of the check is between $500 and $1,000.
- First-Degree Misdemeanor: If the amount of the check is between $1,000 and $75,000. It will also be considered a first-degree misdemeanor if this is your third (or more) offense in the last five years.
If the check is for $75,000 or more, then we move past misdemeanor, and the conduct will be considered a Third-Degree felony.
What is the Punishment for “Passing a Bad Check”?
The punishment for the white-collar crime of passing a bad check will, of course, depend on the severity of the infraction or the amount of the check. However, some potential penalties include:
- Fines: These can range from hundreds of dollars for a summary offense to tens of thousands for a felony.
- Restitution: Passing a bad check means you will be required to repay the victim the full amount of the check, plus any fees and interest they might have incurred.
- Criminal Record: Any conviction for passing a bad check will result in a criminal record. This can have long-term consequences on all aspects of your life.
- Imprisonment: Jail time might not be common for passing a bad check, but it is a possibility for misdemeanor and felony offenses. The length will vary depending on the severity of the offense.
How the LLF Law Firm Can Help
The consequences of passing a bad check can be far-reaching and affect your life and your future in multiple ways. The LLF Law Firm Criminal Law Team can help. From helping you establish the facts of the case to interviewing and cross-examining witnesses, procuring evidence in your favor to prove a lack of intention, representing you in any criminal hearing, negotiating the best deal possible if necessary, or even appealing any adverse decision, you can have an ally in this difficult time. Call 888-535-3686 or fill out our online form to schedule a consultation and tell us about your case.
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