A person commits issuing worthless checks when he/she intentionally issues a check, draft, or order for payment, regardless of whether there is an immediate exchange or not, with the intention to defraud, knowing that the person does not have enough funds in their bank or other financial institution to cover the full payment upon presentation.
Issuing worthless checks also applies to a person who issues a payment instrument, such as a check, draft, or order, for the payment of a state tax obligation when the person is aware that the designated account on the instrument is closed, nonexistent, fictitious, or belongs to someone else without their authorization.
PENALTIES FOR ISSUING WORTHLESS CHECKS CONVICTION
A conviction for issuing worthless checks is punishable based on the amount of the check or checks.
A person who commits the crime of issuing worthless checks, when the amount of the check or checks is $25,000.00 or more, may be imprisoned at hard labor for not more than twenty years, or may be fined not more than $50,000.00, or both.
When the amount of the check or checks is $5,000.00 or more but less than $25,000.00, the person may be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than $10,000.00, or both.
When the amount of the check or checks is more than $1,000.00, but less than $5,000.00, the person may be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than $3,000.00, or both.
When the amount of the check or checks is less than $1,000.00, the person may be imprisoned for not more than six months, or may be fined not more than $5,000.00, or both. If the person in such cases has been convicted of theft two or more times previously, upon any subsequent conviction he may be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than $2,000.00, or both.
When the person has issued more than one worthless check within a 180-day period, the amount of several or all worthless checks issued during that 180-day period may be aggregated to determine the grade of the offense.
The court may also order restitution as a part of the sentence. Restitution may include the amount of the check or checks, plus a $15.00 per check service charge payable to the person or entity that initially honored the worthless check or checks, an authorized collection agency, or justice of the peace. In the event the $15.00 per check service charge is paid to a person or entity other than one who initially honored the worthless check or checks, the court shall also order as part of the sentence restitution equal to the amount that the bank or other depository charged the person or entity who initially honored the worthless check, plus the actual cost of notifying the person of nonpayment.
WE WILL DEFEND YOU AGAINST ISSUING WORTHLESS CHECKS
An accusation of issuing worthless checks can negatively impact your life in numerous ways. A mere accusation could harm your relationships with your family, cost you employment opportunities, and strain valued relationships. Hiring an experienced criminal defense lawyer is crucial to protecting your reputation and your future.
The Norris Law Group will fight aggressively to minimize the impact of these charges on your life. You can take advantage of a thorough, confidential consultation when you call 318-771-7000 or contact us online.