Theft Crime: Bad Check CA PC 467(a)
The crime of attempting to or actually passing a "bad check" is different than Check Fraud. PC §476a prevents (requires all 3 elements):1) Writing and/or trying to exchange a check for value;2) Knowing that the bank account it is drawn upon doesn't have the funds to cover the check;3) When you do it intending to commit fraud.
Conviction under PC §476a for attempting or actually passing a Bad Check subjects you to the same punishments as Check Fraud, as it can be charged as either a misdemeanor or felony. It is common to be charged with both crimes together. As an example:
• Imagine you write a check drawing on an imaginary bank. You take this check and go to the store, where you try to use it to purchase groceries. You can be charged with check fraud for trying to pay with a fake check, and for passing a "Bad Check" because there were no funds for the check to draw on (no real account or bank).
Related Crimes:
A. CA PC §470 - ForgeryB. CA PC §487 - Grand TheftC. CA PC §§ 484 & 487 - Petty Theft
If you successfully used a fake or altered check, or passed a bad check, you may also be guilty of Grand Theft or Petty Theft, depending on the value of the items you obtained. San Diego criminal lawyer Mark Greany can help anyone facing serious charges for theft and fraud offenses.
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