Check fraud is among the most common offenses in California due to the availability of cheap, advanced technology. The availability of computers, scanners, and publishing software has significantly contributed to the prevalence of this offense. According to Penal Code 476, you could be guilty of check fraud if you pass, use, possess, or attempt to use a false or altered check for payment of money or property. This crime often attracts severe disciplinary measures if found guilty. Facing criminal charges can be a daunting experience. You should retain a reputable criminal defense attorney if you are accused of check fraud. At the CCLG: Los Angeles Criminal Attorney, we can help you fight for your rights and negotiate a favorable outcome for your case.
Check Fraud Explained
Fraud is common across the United States, and people use tricks to obtain services, favors, and money from unsuspecting companies or individuals. Check fraud is a common and serious crime that involves obtaining money by making, publishing, passing, or uttering a fake check. If you are accused of check fraud in California, you must understand what that means and the legal repercussions.
You can be arrested if you are suspected of check fraud. The prosecutor is obligated to read the charges leveled against you and all the evidence obtained. Penal Code 476 lists the facts or elements of this violation, which the prosecutor must prove beyond a reasonable doubt for you to face the charges. Some of the elements of this offense include:
- You made, used, possessed, or passed an altered, fictitious, or false check, or you tried to make, use or give an altered, fictitious, or false check
- You did so to obtain property or money
- You were aware or should have been aware that the check under your control was altered or falsified.
- You had fraudulent intentions when you acted.
Before you are charged with possessing a fake check, the prosecutor has a burden to prove that you had the purported document and that you planned to give or use it as a true document. A fictitious, false, or fake check is not genuine or legal. It is a check that was drafted against a non-existent or fake bank account and was endorsed by a non-existent person.
Using, Passing, or Altering A Check
The court can charge you with check fraud if you use or pass an altered check or change a check to secure property or money. You can use, give, or try to use or pass a check if you represent that check as an actual one. You can achieve this using words or conduct, directly or indirectly. The jury can convict you of altering a check if you delete information from it, add information, or change one or more sections of an actual check. For example, changing the name or amount on a genuine check can result in criminal charges if done with fraudulent intent.
Acting Knowingly
You can face charges under Penal Code 476 if you acted intentionally or knowingly. For example, if you use or pass a falsified check, you must have been aware or reasonably aware that the check you are giving or using is fake. Doing so unintentionally does not meet the requirements of this element.
Fraudulent Intention
You could be guilty under Penal Code 476 if you pass, publish, possess, or use a false check with a fraudulent intention. The court will consider your act as intentional fraud if you plan to deceive or trick a company or someone else. The company or person does not have to suffer a loss for the judge to find you guilty under this statute. The judge will only demand sufficient evidence that you acted with a fraudulent intention.
Cashier’s Checks And Money Order Fraud
Money orders, money transfer services, and cashier’s checks are also covered by check fraud law. A cashier’s check is usually drawn from the bank. It is made out to a specific person or business and used to pay for goods or services. You can also use this check for wire transfers.
A money order resembles a check, but it is prepaid rather than drawn on a bank account. A money order can be accessed at most post offices, check-cashing businesses, and some grocery stores.
The court cannot charge you with check fraud if the document you used or passed off was false, even if one took it seriously. According to the law, a simple falsity in the writing cannot trigger a conviction for check fraud unless the fraudulent check appears to be one that could be used to trick or defraud someone. This violation requires that the document not only be fake or false but also appear to a reasonable person to be real.
Sometimes, the judge can reduce the check fraud charges to an attempted Penal Code 476
Offense. Under Penal Code 664, an unsuccessful attempt to commit a crime punishable by imprisonment can result in an incarceration term equal to half the jail term of the completed offense. For example, if a jail term for a completed violation is five years, you can face two and a half years for the attempted version.
Penalties For Violating Penal Code 476
Violating Penal Code 476 can attract forgery charges. Forgery is often charged as a wobbler. You could face misdemeanor or felony charges, depending on the facts of your case and criminal record. The court can impose misdemeanor charges if the value of the forged check is worth $950 or less. You can face felony charges if the value of the forged check exceeds $950. Misdemeanor charges could lead to a jail term of not more than one year or a fine of up to $1,000.
Sometimes, the judge can grant you probation instead of serving a jail term. You will be allowed to serve your jail term out of custody, but under the court’s strict supervision. The court will require you to return to the court occasionally to present your progress reports and show that you have adhered to the probation conditions. The following are some of the conditions you must follow while on probation:
- Avoiding any other crime while on probation
- Securing a job to keep you occupied and within the designated jurisdiction
- Completing community service, and
- Payment of all court fines
You can face the following penalties if you are charged with a felony:
- A fine that does not exceed $10,000, and
- A jail term that does not exceed three years in a state prison
The judge can also grant you felony probation instead of imprisonment. You will be subject to several conditions that you must follow throughout your probation period. Unlike a misdemeanor probation, the court will appoint a probation officer to supervise you throughout the probation period.
It is an offense to violate any condition of probation. If you violate the terms of probation, the court may schedule a probation violation hearing to determine an appropriate punishment. You can face any of the following depending on the circumstances of your case:
- Revocation of your probation, whereby you will be taken back to jail
- Reinstatement of your probation with new and strict conditions
- Reinstatement of your probation with no changes to your probation conditions
Other Repercussions
Your life can change in many ways if you are convicted of any criminal offense. You will have a negative record that will affect most areas of your life. For example, it can be challenging to secure a good job with a criminal background. Prospective employers often decide based on your criminal record. A criminal history can also affect your relationships with others, including family members. You will experience discrimination because of your previous criminal record, and people might not be interested in finding out whether you have changed.
Violating Penal Code 476 can attract severe immigration repercussions. You can be deported from the U.S. if you are a non-citizen. Forgery is one of the offenses categorized as a crime of moral turpitude that can trigger deportation. You can also be marked inadmissible if you seek to visit the U.S. and have been convicted of check fraud. An immigrant once deported is not allowed back into the U.S. for several years or for life.
Additionally, your gun rights can also be affected if you are convicted of this offense under PC 476. People in California are allowed to buy or possess guns if they meet certain requirements, including being an adult of sound mind and without a criminal record. Gun laws do not allow certain people to own guns, including those with a felony conviction on their record. A conviction will affect your gun rights if you are found guilty of a felony or check fraud. This can prevent you from owning or buying a gun for several years or for your life. The court can order you to surrender your gun after your conviction if you already have one.
Conviction Record Expungement
A conviction record has severe repercussions. Various aspects of your life could be affected by a criminal background. For example, it will affect your efforts to secure employment, a house to rent or lease, and crucial services like insurance. Prospective employers can treat you differently if you have a criminal record. However, the law allows you to pursue an expungement.
An expungement removes all the effects and disabilities associated with your conviction. This relief is available for most convictions in California. The judge will grant you an expungement if your petition goes through. Prospective employers will not be able to make hiring decisions based on your criminal record after expungement. The public will also not be able to access your criminal record. Additionally, prospective landlords will not use your record to determine whether to lease or rent to you.
You are still required to reveal your conviction when pursuing a government office. Fortunately, a prospective employer will not use it to deny you a job you qualify for. An expungement gives you a second chance in life if you have completely reformed from a life of crime.
The expungement procedure is straightforward. You file a petition in the court with the help of an attorney. This should be done in the court that convicted you, after you have completed your punishment. Wait until the end of probation to apply if you have yet to complete probation. You can also ask your criminal defense attorney to petition for early termination of probation.
The judge will review your records once he/she receives your petition. This will be done to determine your eligibility for expungement. Your record will be expunged if you qualify. However, you must file separate petitions if you have additional criminal convictions on your record. Judges are allowed by the law to grant expungement requests.
Defenses Against Penal Code 476 Charges
Using a check is a popular way of making payments. Goods and services are paid for by check, but check fraud has significantly affected this payment method. Businesses and individuals lose a lot of money each year to check fraud. The perpetrators are often malicious individuals with evil intentions. California has passed strict laws to address this issue. The police will move quickly to arrest you if you are suspected of engaging in check fraud. Unfortunately, innocent people are arrested and end up paying for the violations they did not commit.
Seek the services of a criminal attorney if you are accused of violating Penal Code 476. An attorney will help you develop a solid defense against the allegations and protect your rights. The court will impose appropriate punishment after a successful trial. An experienced criminal defense attorney can convince the court to reduce or dismiss your case. Some of the defenses you can use include:
Mistaken Facts
Your attorney can present mistaken facts as a defense if your case was filed because of a misunderstanding. Some lawsuits are filed because of mistakes and misunderstandings. A company or person could think that you were attempting to deceive them through an innocent action. They can make this claim without crucial evidence. Your attorney can present this defense in court to obtain a dismissal if you are innocent and are sure that your case was filed because of a misunderstanding.
Mistaken Identity
Police often mistakenly arrest the wrong people. As a result, you can face charges and a conviction for a crime you did not commit. Mistaken identity arises when law enforcement arrests you while the real offender remains free. In some situations, investigations can lead law enforcement to the innocent person. Your attorney can present this argument to convince the court to dismiss your case.
The judge will never ask the mistakenly identified person to name the actual offender. Your attorney can also prove that you had nothing to do with the offense you are accused of. The court can drop your case if the judge is convinced that you are a victim of mistaken identity.
You Did Not Act Intentionally
You can only be guilty under Penal Code 476 if you acted intentionally. It means you passed, used, possessed, or knowingly caused someone else to keep, use, or pass a fake check, with the knowledge that the check was counterfeit.
Most people commit check fraud innocently and end up in jail or prison because they cannot prove their innocence. Another person could have changed the check and given you the altered one to pass or use. Sometimes you can accidentally change an actual check and not realize the mistake until someone points it out. If you did not act intentionally, there will be no fraudulent intent, which is an important element of this case. It will be hard for the prosecutor to prove all the elements of your case, which could lead to dismissal.
The Owner Permitted You To Change The Check
Your attorney can present owner consent as a defense if you are accused of altering or using a fraudulent check. You could have done so after the owner allowed it. For example, the owner can request that you alter the name, amount, or any other detail on the check. Your attorney is only required to show that the owner authorized you to change the checks, or the judge will drop your case.
Your charges will lack the fraudulent intent required for this offense, as the owner’s consent is an important element of this offense. The prosecutor can be swift to prove your intent to defraud if you change the information on the check without the owner’s permission. Your case can be dropped if the judge is convinced that you had the owner’s consent.
You Had No Fraudulent Intentions
You will face the charges under Penal Code 476 if you used, possessed, or published a fictitious or fake check with a fraudulent intention. Having a dishonest or fraudulent intention means you intended to deceive or trick a company or someone else using a fake check. The court will dismiss your case if this intent is lacking in your case.
Related Offenses
There are specific crimes that are closely related to check fraud. They include:
Writing A Bad Check – Penal Code 476a
You can face the charges under Penal Code 476a if you write a bad check. This can happen if you give or write a check knowing that the account from which you are writing does not have enough money. If the prosecutor accuses you of violating Penal Code 476a, he/she must prove the following elements:
- You willfully made, used, drew, or tried to use, draw, or make a check or authorize a payment of money
- When you used, made, or drew, or tried to do so, there was not enough money to cover the full payment of the check
- You were aware that there was not enough money available in the account
- When you acted, you intended to defraud
You can face misdemeanor or felony charges depending on the amount of the check. The court can charge you with a misdemeanor if the bad check is valued at $950 or less. You can face felony charges if the bad check is valued at more than $950. A misdemeanor offense attracts a jail term of up to 1 year in a county jail. The court can also impose a fine that does not exceed $1000. On the other hand, felony charges carry a jail term of up to 3 years in state prison. You could also face a fine that does not exceed $10,000.
Some of the defenses you can present against PC 476a include:
- You informed the payee regarding an insufficient funds
- Post-dated the check
- No intention to defraud
Forgery – Penal Code 470
It is a crime under Penal Code 470 if you alter an official document or signature with fraudulent intentions. Ways of committing forgery include signing someone else’s name or a fake name on a check to obtain money. Forgery is a violation that includes check fraud. You could be guilty of forgery if you change or alter a genuine check. The court can convict you of forgery if you change the name or amount on an actual check.
Forgery is often charged as a wobbler. You can face misdemeanor or felony charges depending on the facts of your case. Misdemeanor charges could attract a jail term of not more than one year. Felony charges can lead to a jail term of not more than three years in a state prison.
Grand Theft – Penal Code 487
You can be guilty of grand theft if you illegally take someone else’s property, money, or labor worth $950 or more. This crime is also charged as a wobbler in California. The judge can convict you of a misdemeanor or a felony. You will face petty theft charges if the property you stole is less than $950. Grand theft can carry a maximum jail term of 3 years in a state prison.
Find A Criminal Defense Attorney Near Me
Understanding California law, check fraud is prosecuted as a form of forgery under PC 476. It is an offense to make, use, pass, or possess an altered, fake, or fictitious check with the intent to defraud another person of money or property. Violation of PC 476 is a wobbler offense chargeable as a felony or misdemeanor. The charges you face depend on the value of the offense and your criminal record. If you or a loved one is currently facing check fraud, contact our attorneys at the CCLG: Los Angeles Criminal Attorney. Call us today at 323-922-3418 to speak to one of our attorneys.
