There are two kinds of fraud charges involving checks. This would include writing a bad check, which is commonly referred to as writing a check knowing that there are insufficient funds involved. The second is forging someone else’s signature on a check. Going back to the definition, it is trying to defraud a person by obtaining their signature in order to forge it on a check. A qualified Virginia fraud lawyer can further explain what goes into a the fraud process. Contact a trusted attorney today.
The first type of check charge, trying to use someone else’s signature, is punished as a felony. However, the second type, which is using a bad check, writing a check with insufficient funds, is equivalent to larceny and is charged as such. The crimes are charged based on the dollar amount used in larceny cases, which is $200 or more to punish as a felony and $200 or less as petty larceny. It can also involve some jail time.
Writing a bad check is a larceny case. However, if a person writes that check in a smaller amount or in a window of 90 days and the total of those bad checks is $200, then a person is looking at a Class 6 felony. For more on penalties, refer to a Virginia check fraud lawyer.
A person should have an explanation or a description of how this charge came about. If they used the check, they should know who the check belonged to and who the account holder is.
This is a type of charge where there could be room for mistakes or misunderstandings. A friend using another friend’s check or not knowing that a person is exceeding a certain limit in writing it or knowing that they do not have sufficient funds in the bank to cover that check.
A person wants to be able to explain their side of the story for that attorney so they can properly evaluate what is going on and be able to assert what are the possible outcomes are. A person should also be ready to provide the document itself, the check, the notation in their bank of the charge, and their written authorization that they have to write a check, which is relevant for a person writing checks for their business. A Virginia check fraud lawyer needs all of this information.
The first common one would be forgery, which includes a scenario in which a person obtains someone else’s signature. They are trying to copy someone else’s signature to use it on the check. A person could be looking at a charge of forgery. If they are impersonating someone else, that would see an impersonation charge as well as larceny charges if that involved the taking of property. For more situations, contact a professional Virginia fraud lawyer.
Patrick Woolley Attorney At Law