In Arizona, issuing a bad check is a serious crime punishable by jail-time with big fines. Typically issuing a bad check is considered a class one misdemeanor, and is covered under the “Issuing Bad Checks” statute of the A.R.S. 13-1807.
What does it mean to Issue a Bad Check?
A bad check is issued anytime an individual knowingly provides a check to a payee from a connected bank account which doesn’t have sufficient funds.
Penalties for Writing Bad Checks
Punishment for writing bad checks ranges from zero to six months in jail, and possibly probation depending on your criminal record. But, each case will be different and along with paying back the full amount of the fraudulent check, you may be subjected to a minimum of $0 to a maximum of a $2500 fine plus an 84% surcharge.
Possible Defenses for Bad Checks
There are three usual defenses for issuing bad checks that JacksonWhite can use to protect you.
The first defense is if the payee is aware that the payer doesn’t have sufficient funds in the account at the time that the check is received, and the payee is supposed to know that they should process the check in a few days when the funds are available, but instead the payee cashes it right away anyway.
The second defense is similar to the first, but involves a postdated check. This occurs when there is a later date at which the check is to be cashed and at that time the connected bank account would have had enough funds.
The third defense is if there is an insufficient amount of funds in the defendants account because of bank service charges that the account holder was completely unaware of.
Need a Bad Check Lawyer In Arizona?
JacksonWhite’s Jeremy Geigle has been acclaimed for his outstanding work representing criminal defendants in Phoenix, Mesa, Gilbert, Scottsdale, Chandler, and other Arizona cities.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
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