Utah Check Fraud Defense Attorney

In Utah, being charged with check fraud can mean paying heavy fines, possible jail time, and destruction of your record. It can be scary to have a pending criminal charge, especially one dealing with any type of finance fraud. Let Weber Law help you today!

WHAT IS CHECK FRAUD?

Check fraud is classified as a person who issues, or passes a check, or draft for the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value or paying for any services, wages, salary, labor, or rent, knowing it will not be paid by the drawee and payment will be refused. If a person does one of the above things, they could be guilty of issuing a bad check or draft.

If you write a check knowing that it will bounce, you are guilty of committing check fraud. Have you ever noticed that recently more and more places are unwilling to accept checks, it is because check fraud is extremely common, and usually not found out about until the perpetrator is long gone.

WHAT IS THE PENALTY?

The penalties for check fraud can include not only jail time but a hefty fine. The penalties for writing fraudulent checks depend on the value of the property, money, or things that are obtained with the bad check and are outlined below:

• If the amount stolen or purchased fraudulently is less than $500 in value, it is classified as a class B misdemeanor.
• If the amount stolen or purchased fraudulently was between $500 and $1,500 in value, it is classified as a class A misdemeanor. 
• If the amount stolen or purchased fraudulently was between $1,500 and $5,000 in value, it is considered a third degree felony.
• If the amount stolen or purchased fraudulently was $5,000 or more, it is classified as a second degree felony.  

A third degree felony is punishable by up to five years imprisonment and a fine of up to $5,000.00. 

A second degree felony is punishable by one to fifteen years imprisonment, and up to a $10,000 fine.

A class A misdemeanor is punishable by up to one year imprisonment and a fine of up to $1,000.00.

A class B misdemeanor is punishable by up to six months in jail and a fine of up to $1,000.00.

An additional penalty for check fraud might also mean paying restitution to the victim. If you do not have any money to pay restitution, the state of Utah could potentially seize your property or assets to pay that restitution. 

*It is important to note that multiple violations of check fraud can be combined into a single offense, which would likely make the value of the stolen property, money, or object increase. Increasing your likelihood of a felony charge and conviction. A felony charge can affect all aspects of your life.

WHAT SHOULD I DO IF I HAVE BEEN ACCUSED OF CHECK FRAUD?

If you have been accused of check fraud, whether a felony or misdemeanor, let Weber Law help you today. It can be a stressful situation to have criminal charges pending and Weber Law will work for you. Let Weber Law work to have your citation dismissed or dropped to a lower offense. If that is not possible, we will negotiate the best deal for you, which could include a shorter jail time, or no jail time, and a lesser fine. 

There are potential defenses against a charge of check fraud including, not knowing the check would bounce. Weber Law will look at every aspect of your case, including surveillance footage, eye witness testimonies, and even your prior criminal record. Let Weber Law build the best defense for you! A charge of check fraud on your record could potentially hurt future job offers, especially in the banking industry, and will remain on your record for the rest of your life. Weber Law is experienced in defending these charges and getting you back to a life free of criminal charges. It is never a good idea to face these charges without an attorney, the court room can be intimidating, and you need someone with experience. Any blemish on your record can have detrimental effects on the rest of your life. Let Weber Law’s experienced attorneys fight for you in court. If you or someone you know has been accused of check fraud, contact Weber Law today for a consultation.

• Utah Code § 76-6-505, Issuing a bad check or draft — presumption
• Utah Code § 76-3-204, misdemeanor conviction – term of imprisonment
• Utah Code § 76-3-203, Felony conviction—indeterminate term of imprisonment
• Utah Code § 76-3-301, fines of individuals