{"id":15345,"date":"2019-02-25T11:04:56","date_gmt":"2019-02-25T18:04:56","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=15345"},"modified":"2023-02-21T10:13:05","modified_gmt":"2023-02-21T17:13:05","slug":"check-fraud-punishment","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/check-fraud-punishment\/","title":{"rendered":"What is the Punishment for Check Fraud in Arizona?"},"content":{"rendered":"
Credit card fraud<\/a> and identity theft<\/a> may be more pervasive than check fraud in today\u2019s digital economy, but the penalties for check fraud are just as severe today as they were decades ago when it was the leading form of financial fraud. Whether you\u2019re writing bad checks with insufficient funds or outright forging checks, you may be liable for criminal and civil punishment including financial restitution, incarceration, and fines.<\/p>\n Check fraud refers to faked, forged, and deceptive checks, including situations where an account holder issues a check with direct knowledge of insufficient funds. A fraudulent check may be used to finance a transaction, make a purchase, initiate a fund transfer, or obtain bank account funds. Individuals, businesses, and organizations can face criminal charges for check fraud. Some examples of check fraud include:<\/p>\n Criminal check fraud cases are often accompanied by civil actions to cover losses and legal fees. Civil cases may also take place without criminal charges, especially when the issue pertains to insufficient funds rather than forged checks.<\/p>\n Arizona law defines issuing a bad check as \u201cissuing or passing a check knowing that the person does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check as well as other checks outstanding at the time of issuance\u201d (ARS 13-1807<\/a>).<\/p>\n The defendant is presumed to have a knowledge of insufficient funds under the following two conditions:<\/p>\n The punishment for writing a bad check (i.e. check fraud) in Arizona depends on the value of the check(s). When the amount is less than $5,000, the offense is a class 1 misdemeanor carrying the following potential punishment:<\/p>\n When the value of the fraudulent check(s) is $5,000 or greater and the defendant has failed to repay the total amount (including 12% annual interest) within 60 days, the punishment is a class 6 felony<\/a>. In Arizona, a class 6 felony carries a punishment of up to 2 years in prison.<\/p>\n When an individual or organization obtains property or secures performance of services by issuing or passing a bad check, the defendant may be presumed to have intent to deprive the owner of property or payment for service pursuant to ARS 13-1802<\/a>. As such, the defendant may be charged with theft according to the following schedule:<\/p>\n In the state of Arizona, ARS 13-107<\/a> imposes a one-year statute of limitations for prosecuting a class 1 misdemeanor and a seven-year statute of limitations for prosecuting a class 6 felony. You may still be liable for a civil case after the applicable statute of limitations expires, but criminal charges would be rejected.<\/p>\n Note, however, that the statute of limitations begins when the crime is discovered — not when the crime actually occurs. You may be able to prove that the prosecuting agency should have discovered the crime sooner with reasonable due diligence, but it\u2019ll take a good attorney and proof of negligence to succeed.<\/p>\n An experienced attorney with a background in criminal law and check fraud will help you craft a defense based on your unique situation. Some examples of defenses you may present include:<\/p>\nWhat is Check Fraud?<\/h2>\n
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What is the Punishment for Check Fraud in Arizona?<\/h2>\n
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Theft Charges in Arizona<\/h2>\n
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Statute of Limitations for Check Fraud<\/h2>\n
Possible Defenses<\/h2>\n
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Do You Need an Attorney for Check Fraud?<\/h2>\n