Although you can go to jail for intentionally writing a bad check, making an innocent accounting mistake isn’t typically grounds for criminal charges. If you’ve been charged with check fraud or are facing questions from the bank, you need an experienced Atlanta theft crimes attorney from Ghanayem & Rayasam. Call (404) 561-0202 or confidentially connect with their financial crimes defense team online today.
Overview of Deposit Account Fraud in Georgia
Writing a bad check is referred to as ‘deposit account fraud’ in Georgia and is criminalized under Georgia Code § 16-9-20. Although the statutory language is complex, deposit account fraud generally prohibits delivering a check to someone knowing that the bank cannot honor it. This is often referred to as writing a bad check or check fraud.
Atlanta prosecutors must show that you knew the funds were (or were likely) insufficient when you wrote the check or knew the bank could not otherwise honor the instrument. Intent is assumed if prosecutors prove that the accused had no account with the bank or failed to cover the overdraft and fees within a specific time period.
Criminal Penalties for Writing Bad Checks in Atlanta
You can go to jail for deposit account fraud, but jail is not mandatory in certain misdemeanor cases. The penalties associated with writing bad checks depend on the amount of the check(s), any prior convictions, and the quality of your legal representation.
Misdemeanor Check Fraud
Deposit account fraud starts as a misdemeanor offense, punishable by up to 12 months in prison for writing bad checks of less than $1,000. Convicted offenders will also be fined and required to pay for any goods or services obtained unlawfully.
Aggravated Misdemeanor Deposit Account Fraud
If you’re convicted of writing a bad check between $1,000 and $1,499.99, including based on a 15-day cumulative total, you might be required to pay higher fines and are more likely to face jail time.
Felony Check Fraud in Georgia
If you’re convicted of writing a bad check of more than $1,500, this is a felony in Georgia. You may face up to three years in jail, plus substantial fines and restitution. Defrauding a bank in another state is also a felony, punishable by a term of not less than one year in prison and not more than five years in prison.
Defenses to GA Check and Bank Fraud Charges
Deposit account fraud requires some level of criminal intent. The best defenses to check fraud generally involve challenging the prosecution’s intent and evidence. In some cases, an experienced criminal defense attorney may strive to reduce felony charges to misdemeanor charges. Common defenses to deposit account fraud in Atlanta include the following:
- Constitutional violations
- Failure to provide statutory notice of overdraft
- Checks cashed more than 30 days after delivery
- Clerical mistakes
- Deposit (coverage) failures
In some cases, the accused may write a check with the reasonable faith expectation that they’ll soon have the funds necessary to ensure the instrument is honored. An experienced check fraud defense lawyer might use evidence of good faith to defeat check fraud charges or negotiate favorable plea deals to keep you out of jail.
Atlanta Deposit Account Fraud Defense Lawyers
Yes, you can go to jail for writing a bad check if you do not have the right criminal defense lawyer from Ghanayem & Rayasam on your side. Discuss your options for making good on bad checks and avoiding jail and severe fines with our Atlanta financial crimes defense team today by contacting us online or calling (404) 561-0202.