Is Writing a Bad Check a Felony in Pennsylvania?
In Pennsylvania, writing a bad check can have severe consequences, including potential criminal charges and financial penalties. But is it always a felony? In this article, we’ll delve into the laws surrounding bad check writing in Pennsylvania and answer the question: Is writing a bad check a felony in Pennsylvania?
Is Writing a Bad Check a Felony in Pennsylvania?
The short answer is: it depends.
Under Pennsylvania law, a check is considered "bad" if it is post-dated, lacks sufficient funds, or is forged. Pennsylvania Revised Statute 13.2101 defines a "bad check" as "a check or other form of written order, withdrawal order or promise to pay, drawn on the drawer’s account in a bank, credit union, thrift institution or other financial institution, which is not paid when presented for payment due to insufficient funds, because the drawer has ordered it to be stopped or dishonored, or because the drawer has notified the financial institution that it should not be paid." [1]
Charging and Penalties for Bad Check Writing
When an individual writes a bad check, they can face charges ranging from a Summary Offense (misdemeanor) to a Felony of the Third Degree (felony). The charge and subsequent penalties depend on the value of the check and the individual’s prior criminal history.
Charges and Penalties Table
| Charge | Penalties |
|---|---|
| Summary Offense (Misdemeanor) | Up to 90 days in jail, $200 fine |
| Misdemeanor (3rd Degree) | Up to 1 year in jail, $1,000 fine |
| Felony of the Third Degree | 3-5 years in prison, $2,500 fine |
Felony Considerations
To qualify for a felony charge, the value of the check must exceed $200. Additionally, the court may consider the individual’s prior criminal history and any aggravating circumstances when determining the appropriate charge and penalties.
Aggravating Circumstances
• Multiple bad checks written: Writing multiple bad checks can increase the severity of the charge and penalties.
• Check is drawn on a business or professional account: Checks written on business or professional accounts can carry more severe penalties due to the potential harm caused to the business.
• Check is part of a pattern of theft or fraud: If the check is part of a pattern of theft or fraud, the court may impose harsher penalties.
What to Do if You Write a Bad Check
If you’ve written a bad check, it’s essential to take immediate action to avoid further consequences. Don’t ignore the issue!
• Pay the check immediately: Make the necessary payment to ensure the check is cleared and paid.
• Respond to demands for payment: Respond to any demands for payment made by the payee (the person or business you wrote the check to).
• Take steps to prevent future issues: Review your bank accounts and financial situation to identify and address any underlying issues that may have led to the bad check.
Conclusion
Writing a bad check in Pennsylvania can result in serious consequences, including potential felony charges and financial penalties. It’s crucial to understand the laws surrounding bad check writing and take immediate action if you’ve written a bad check. Remember: ignorance is not a valid defense, and failing to address the issue can lead to further complications and potential legal action.
By staying informed and taking proactive steps to resolve the issue, you can minimize the risks and consequences associated with writing a bad check in Pennsylvania.
