Is bouncing a check a felony?

Is Bouncing a Check a Felony?

Writing a bad check, also known as bouncing a check, is a serious offense that can have significant consequences. But is it always a felony? The answer is no, it’s not always a felony, but it can be under certain circumstances.

The Basics of Bouncing a Check

Before we dive into the legal aspects of bouncing a check, it’s essential to understand the basics. A check is a written order to the bank to pay a specified amount of money from the writer’s account to the payee. If there are insufficient funds in the writer’s account to cover the check, it is considered a bad check. This can happen for a variety of reasons, including:

• Insufficient funds: The writer doesn’t have enough money in their account to cover the check.
• Closed account: The writer’s account has been closed or frozen, making it impossible to draw funds from.
• Stopped payment: The writer has requested to stop payment on the check.
• Fraudulent activity: The writer has intentionally written a false check.

Legal Consequences of Bouncing a Check

The legal consequences of bouncing a check can vary depending on the state and the amount of the check. In most cases, bouncing a check is considered a misdemeanor offense. However, in some cases, it can be elevated to a felony if:

• The amount is high: In some states, bouncing a check worth a certain amount (typically $500 or more) can be considered a felony.
• There are multiple offenses: Writing multiple bad checks in a short period can lead to more severe penalties, including a felony charge.
• The check was used as part of a fraudulent scheme: If the bad check was part of a larger fraudulent scheme, such as identity theft or theft of services, the charges can be more severe.

States Where Bouncing a Check is a Felony

While most states consider bouncing a check a misdemeanor offense, there are a few states where it can be a felony. Here are some examples:

Consequences of a Felony Bouncing a Check Conviction

If you are convicted of a felony bouncing a check charge, you can face significant consequences, including:

• Criminal penalties: You may be sentenced to prison, and/or fined.
• Criminal record: A felony conviction can result in a permanent criminal record, making it more difficult to get a job, apply for credit, or find housing.
• Financial consequences: You may be ordered to pay restitution to the victim, and/or damages to the payee.

Defenses to a Bouncing a Check Charge

While bouncing a check is a serious offense, there are some defenses you can use to mitigate the charges. Here are some examples:

• Lack of intent: If you didn’t intentionally write a bad check, you may be able to claim lack of intent.
• Mistake of fact: If you were unaware of the balance in your account, or didn’t realize the check was going to bounce, you may be able to argue mistake of fact.
• Duress or coercion: If you wrote a bad check under duress or coercion, you may be able to claim this as a defense.

Prevention is the Best Offense

The best way to avoid the consequences of a bouncing a check is to prevent it from happening in the first place. Here are some tips to keep in mind:

• Check your account balance regularly: Make sure you have enough funds in your account before writing a check.
• Use online banking or mobile banking: Take advantage of online banking or mobile banking to check your account balance and track your transactions.
• Request account alerts: Set up account alerts to notify you of low balances or transactions.

Conclusion

In conclusion, bouncing a check can be a serious offense that can have significant consequences, including criminal penalties, criminal record, and financial consequences. While it is not always a felony, there are certain circumstances under which it can be considered a felony. It’s essential to understand the laws and regulations in your state regarding bouncing a check and take steps to prevent it from happening in the first place.