California Penal Code Section 243.4

Definition

Writing Bad Checks under California Penal Code Section 476 A, is a criminal offense and it is normally filed as either a felony or misdemeanor. Writing Bad Checks is when someone knowingly writes a fraudulent check. An example of this is going to a store, paying for goods with a check whereby the bank account has been closed, and the defendant knew this was the case.

Elements of the Crime

In order to take an Writing Bad Checks CPC 476 A case to trial, certain elements of the crime will have to be proven. This includes:

·         That the defendant deliberately signed and handed over a bad check

·         That the defendant knew there were no funds in the account, but proceeded anyway

Punishments for CPC 476 A

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of writing bad checks, it is usually filed as either a misdemeanor or felony, which includes:

Misdemeanor charges for Writing Bad Checks include up to one year in jail, and up to one thousand dollars in fine.  (checks < $450, are misdemeanors).

Felony charges for Writing Bad Checks include up to three years in jail, and up to ten thousand dollars in fine.

A case may also be made in civil court by the victims of this crime to acquire restitution of losses.

Legal Defenses for California Penal Code 476 A

A good lawyer can present many legal and valid defenses for Writing Bad Checks charges under California Penal Code 476 A to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Writing Bad Checks. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Writing Bad Checks.

Learn more about other California Section Penal Codes here.