If you have been charged with Check Fraud in Orange County for possessing or passing a bad check with the intent to defraud, you should contact the Atias Law Firm. Our law firm works with a team of professionals on the matter and knows how to handle these particular kinds of check fraud charges. In Orange County, Check Fraud is a wobbler so it is divided into two degrees, Felony Check Fraud and Misdemeanor Check Fraud. Check Fraud is usually committed when someone possesses, makes, or uses a bad check, with the intent to defraud the payee.

Check Fraud Orange County Penal Code 476

First, let the top Check Fraud Lawyers in Orange County give you the relevant law. The relevant portion of the law that is applicable to Check Fraud in Orange County is summarized below. However, the full text of the Check Fraud laws in Orange County can be found in California Penal Code Section 476. To prove that the defendant is guilty of Check Fraud, the Prosecutor must prove that:

• A person made, drew, uttered, or delivered the check, draft, or order in question;
• The person acted willfully and with the specific intent to defraud;
• At the time a check, draft, or order was made, drawn, uttered or delivered, there was not sufficient funds in or credit with the bank or depository upon which it was drawn to pay in full upon its presentation the instrument and all other outstanding instruments; [and]
• That person knew of the insufficiency of funds or credit when he made, drew, uttered, or delivered the check, draft, or order.

The Check Fraud laws in Orange County can be confusing to a defendant charged with a crime. The Atias Law Firm knows the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense, such as Petty Theft, or another non-theft misdemeanor charge.

Reducing a Check Fraud Charge To a Lower Level Crime

Circumstances may allow the Prosecutor to charge you with Misdemeanor Check Fraud, rather than Felony Check Fraud. These circumstances include that the amount defrauded was $950 or less. Our attorneys may be able to show that your Felony Check Fraud charge should be reduced to a Misdemeanor Check Fraud charge. Call today for a free and confidential initial consultation. We can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. Check Fraud lawyers Orange County aggressively challenges the facts of the case. We may be able to get an Investigator to obtain contradictory statements from witnesses. If we can convince the court that the witnesses are not credible, your Check Fraud charges may be reduced to Petty Theft or Misdemeanor Check Fraud and you could avoid jail or prison. Check Fraud Lawyers Orange County aggressively challenges any valuation of the property. If we can convince the court that the property is valued at less than $950, your Felony Check Fraud charges may be reduced to a Misdemeanor Check Fraud and you will avoid prison.

Will I Go To Jail?

Possibilities & Penalties For Check Fraud Charges in Orange County

Check Fraud is generally a wobbler, meaning that it can usually be charged as a misdemeanor or felony. Misdemeanor Check Fraud is punishable by a maximum of six months in jail and a $1,000 fine. Felony Check Fraud may result in a sentence ranging up to three years in jail and up to $10,000 in fines. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Check Fraud Defenses in Orange County

Our lawyers in Orange County know the defenses that may help get your Check Fraud charge dismissed. There are a number of defenses to Check Fraud in Orange County, however the applicability of those defenses depends on the facts of your case. For example, as you can see above, the Prosecutor has a lot to prove. We may be able to show that any number of the requirements of the law aren’t met. For instance, we may be able to show that, although you signed someone’s name, you did not have the intent to defraud anyone. Also, we may be able to fight the prosecution’s valuation of the property. If we can show the property is worth less than $950 then the court will reduce the case to a misdemeanor. We may be able to show that the document is not a legal instrument. If the document has no legal significance, meaning that it could not deprive anyone else of their rights, then the case against you may be dismissed, or you may have a good case to take to trial. Also, if you have consent to make alterations to a check then the prosecutor should not charge you with a crime. If you have consent to alter the check then you have a defense and your case may be dismissed. Another common defense is that the police did something wrong while investigating your case. For instance, if the Officer who stopped you did not have reasonable suspicion to stop and detain you then our check fraud lawyers in Orange County may be able to get your case dismissed. Also, if you were detained by Officers who used an unreasonable amount of force then that may be a defense in your case. Also, if you have been charged with multiple counts of Check Fraud, we may be able to get all of your charges consolidated into one charge, with one penalty.

How Can Check Fraud Charges Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. the Atias Law Firm may be able to help you get your Check Fraud charge reduced to a lesser charge. Our attorneys may be able to get your Check Fraud charge, and the penalties reduced to those penalties associated with Petty Theft or Misdemeanor Check Fraud.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Check Fraud, then you may face increased penalties in your current Check Fraud case. Our team of Check Fraud lawyers in Orange County aggressively challenge any prior convictions. For instance, if your prior Check Fraud conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Check Fraud penalties. Call Check Fraud lawyers Orange County today to see how your prior convictions may impact your current Check Fraud charge.

What Should I do about a Check Fraud charge in Orange County?

Contact The Atias Law Firm today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.