In today's society, a lot of people use credit cards for purchases due to tough economic times. It seems that no matter what a person may do and how hard he or she may work, sometimes the money just isn't there. Unfortunately, bills are still due. In some cases, a person might unknowingly commit Check Fraud because a check bounces due to insufficient funds.
Don't let Check Fraud damage your future.
An experienced lawyer can protect your future!
What is Check Fraud in Colorado?
Check Fraud is charged when a person writes a check or in payment for a service (such as wages, rent, labor, or property) knowing they don't have enough money in the bank, and with the intent to defraud. Here are the classifications of Check Fraud, based on the dollar amount of the check:
Check Fraud Consequences:
- If the sum of the check is under $500.00
- Class 2 Misdemeanor
- If the sum of the check is $500 to $999
- Class 1 Misdemeanor
- If the sum is more than $1,000, or if the offender has two previous convictions of Check Fraud or a similar crime
- Class 6 Felony
- If the fraudulent check is drawn on a nonexistent account, or one that has been closed for 30 or more days
- Class 6 Felony
Examples of Check Fraud
A woman in Denver County writes a $250 check for a beautiful antique table, knowing she doesn't have the money in the bank. She could be charged with a class 2 misdemeanor for Check Fraud and face up to 12 months in the Denver County jail and up to $1,000 in fines.
Buying a Gun
A man in Douglas County buys a gun at a local store using a check. The gun is $750, and he knows he doesn't have the money in the bank to cover it. He could be charged with a class 1 misdemeanor Check Fraud and faces up to 18 months in jail and up to $5,000 in fines.
A Denver University student writes a check from his father's account for some expensive textbooks he needs for his college classes, and is charged with a class 6 felony of Check Fraud, because he has two previous convictions for the same offense.
Revenge on an Ex
A woman in Adams County wants to get revenge on her ex-husband, so she writes a check using their previously combined checking account. Unbeknownst to her, the account has been closed for over a month. She could be charged with a class 6 felony of Check Fraud.
If a place of business or a seller in Jefferson or Arapahoe County receives a check they are not able to cash, they can make a complaint to their local police department. The complaint will be followed up on by police and given to the District Attorney for prosecution.
Charged with Check Fraud: Contact an Experienced Criminal Lawyer
Don't give any information to the police: It will be used against you in court, and could interfere with your defense. The attorneys at O'Malley and Sawyer have aggressively defended clients accused of committing Check Fraud for over 25 years. Don't let an innocent mistake ruin your future. Let us help you clear your name and prove your innocence. We will stand by your side in court, and advocate on your behalf.
Colorado Check Fraud Statute: C.R.S. 18-5-205
“Any person, knowing he has insufficient funds with the drawee, who, with intent to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money, property, or other thing of value, commits fraud by check.”