Check Fraud & Theft by Check

Defense Attorney for Bogus Check Fraud & Theft by Check Allegations in Dallas, Texas

Were you charged with check fraud or theft by check? You need an experienced defense attorney who knows how to fight aggressively against government prosecutors. Call Clancy & Clancy Attorneys at Law to schedule a free consultation with a check fraud lawyer at (214) 550-5771.

Crimes involving checks in Texas fall largely under two umbrellas: fraud characterized by unauthorized use, and theft by check charges from writing a bad check. Check fraud is more serious of these two crimes, although theft by check is still considered a misdemeanor according to Texas Penal Code laws.

What is the Difference Between Check Fraud and Theft by Check?

Theft by check can happen accidentally if someone writes a check to pay someone before the balance has cleared in their account, while check fraud is a more serious felony crime seen as intentional.

Theft by check occurs when a person writes a check knowing they don’t have enough money in their account to cover the amount, or if a person writes a check from a bank account they do not have an account with anymore. In Texas, theft by check and issuance of a bad check fall under the “theft” umbrella of Texas Penal Code Ch. 31 Theft  § 31.03. The punishment and severity of charges increases with the amount the back check was written for. If the check amount is less than $2500, it is a misdemeanor; more than $2500 and it’s a felony.

Check fraud, on the other hand, is considered a felony in most cases and falls within the jurisdiction of Texas Penal Code Ch. 32. Fraud. Felony check fraud includes check forgery charges under § 32.21, stealing or receiving stolen check or similar sight order under § 32.24, and issuance of bad check or similar sight order under § 32.41.

Theft by Check is classified as a class C misdemeanor according to Texas Penal Code if the hot check written was for less than $100.

What’s the Difference Between Theft by Check and Issuing a Bad Check in Texas?

The important distinction between theft by check and issuance of a bad check charges in Texas is theft by check charges allege that the issuer of the check knew they did not have the money before they wrote it. Issuance of a bad check charges presume the issuer accidentally wrote a hot check. If the issuer postdated the check knowing that the funds would not there to pay someone for services rendered, they could also be charged with theft of service under § 31.04 of Texas Penal Code.

Types of Criminal Charges for Bad Checks

  • Check Forgery
  • Swindling by Worthless Check
  • Issuing a Bad Check
  • Theft by Check
  • Theft of Service by Postdated Check
  • Stealing Checks
  • Receiving Stolen Checks
  • Using a Stolen Check

In Texas, you don’t have to be the one who stole a check in order to be charged with check forgery. Additionally, if you accept a check you know was stolen, you can be charged with fraud as well. While each case is different, stealing or receiving stolen checks is a Class A misdemeanor punishable by 180 to 2 years in jail and a fine of up to $10,000.

How Check Fraud & Theft By Check Cases are Prosecuted

Check fraud cases are prevalent enough that most District Attorneys’ offices have special divisions to investigate and prosecute the crime of theft by check. you were charged, the knowledge, skill and understanding of a defense attorney familiar with check crime cases, like t Clancy & Clancy Attorneys at Law, can help you make your case and prove your innocence or successfully reduce or eliminate the jail time and fines that can be associated with a conviction for check fraud.

Were You Told You Are Under Investigation by the Check Fraud Division?

Ordinarily, the Check Fraud Division of the DA’s office prosecutes cases where a person writes a bad check in exchange for goods, services or cash. If they notified you that you are under investigation by mail or phone call, you should retain legal counsel so you have time to build a strong defense.

What Must Prosecutors Prove for a Guilty Verdict?

  • The victim must be able to identify the check writer.
  • A check writer can also be prosecuted by the Check Fraud Division of the DA’s office if a check was used to pay court ordered child support and the check was later dishonored by the bank on which it was drawn.

Although these charges sound simple and straightforward, an experienced check fraud attorney knows that there are many opportunities and potential weaknesses in the prosecution’s case that can be used to win a not guilty verdict, to reduce or eliminate the jail time, or fines and other consequences of check fraud charge.

We Will Fight for You

If you have been charged with check fraud or theft by check in Texas, you are facing the potential of a jail sentence and significant fines in addition to restitution. We have the knowledge and skill to help you avoid the most severe penalties, fines and consequences that can come from a conviction on a check fraud charge. We will answer all your questions clearly and provide legal advice that you can understand and use. Email Dallas Criminal Defense Lawyer Clancy & Clancy or call (214) 550-5771 to schedule a consultation.

Contact a Check Fraud Defense Attorney

Call Clancy & Clancy Attorneys at Law in Dallas, Texas at (214) 550-5771 to schedule a free consultation with our fraud lawyers.