Penal Code 476 PC – California Check Fraud Laws
California Penal Code 476 PC is a grave offense that strictly prohibits check fraud. This occurs when you knowingly make, pass, utter, or publish a fake or fraudulent check with the intent to obtain something of value.
PC 476 says, "Every person who makes, passes, utters, or publishes, with intent to defraud any other person, or who, with the like intent, attempts to pass, utter, or publish, or who has in his or her possession, with like intent to utter, pass, or publish, any fictitious or altered bill, note, or check, purporting to be the bill, note, or check, or other instruments in writing for the payment of money or property of any real or fictitious financial institution as defined in Section 186.9 is guilty of forgery."
To make, draw out, or deliver a check, knowing there are insufficient funds to cover the amount the check was made out for, is considered fraud. The prosecution has to prove only the intent to fraud beyond a reasonable doubt, and the victim being defrauded is irrelevant.
With over twenty-five years of experience, I have defended numerous individuals charged with check fraud.
My extensive experience has equipped me with a deep understanding of the various reasons behind such charges, whether they are innocent or non-innocent. You can trust my expertise to guide you through this challenging situation.
Another big thing I see is people taking checks from others and then knowing or reasonably should know that the check is no good.
They go in and try to cash it at either their bank, the other person's bank, or just a bank in general, and obviously, the check could be better. It's a stolen check. It's forged. It's fraudulent. It's manufactured.
Then, that person is charged with check fraud, and the question becomes, did they know or reasonably know that that check was no good?
Their explanation of where they got the check and why they're owed the check, as well as questions related to the check and how they answer those questions, will significantly affect whether the prosecutors can make a check fraud case against them for a violation of PC 476. The prosecutor's role is to prove the defendant's guilt beyond a reasonable doubt, and their ability to do so will depend on the evidence and the defendant's responses.
Of course, some manufacture a fraudulent check or steal somebody else's check, then come in with it and attempt to cash it. Those people will also be charged with violating Penal Code 476 check fraud and prosecuted accordingly.
One of the most significant factors regarding check fraud cases in Los Angeles is the value of the check. Is it a $200 check, a $2,000 check, or a much more valuable check?
The more money you're talking about attempting to be stolen, the more likely you will be prosecuted federally or at the state level, and the more punishment you're looking at.
If the amount involved in the check fraud is substantial, you could face severe consequences. The prosecution can apply various enhancements, potentially leading to a prison sentence of up to three years for a felony check fraud violation. In addition to the legal penalties, a check fraud conviction can have long-term consequences, such as difficulty finding employment due to the crime's association with dishonesty.
One good thing is that—in today's world—as long as it's not a huge check and just involves money, we can often convince the state prosecutors in Los Angeles to give you a break.
They can provide you with some diversionary programs so you can avoid the horrible stigma that comes along with a check fraud case in LA County and elsewhere.
No one will hire you if you're convicted of check fraud. You can bet your bottom dollar on that because it is a crime of dishonesty, and many people think you can't be trusted if you're kiting checks and violating Penal Code §476.
What Are the Common Defenses?
One defense is you didn't fraudulently do anything. Somebody gave you a check. You thought the check was good, and you had no reason to believe any illegal activity was happening; therefore, you cannot be held responsible. In this case, the burden of proof is on the prosecution to demonstrate that you had the intent to defraud, and your defense can focus on proving your lack of knowledge or involvement in any fraudulent activity.
You can prove that somebody owes you money. You have a valid invoice or contract; the person tricked you and gave you a fraudulent check.
Again, you determine whether the person reasonably knew the check was no good. Suppose they needed to know that the check was no good reasonably.
In that case, they obviously shouldn't be charged with a violation of Penal Code 476, and the case should either be dismissed by way of a jury or sometimes I'm able to convince the prosecutors that this is not a check fraud case.
The person didn't know the circumstances were such that they knew that the money was not in the account.
A lot of times, people use their identification. They go into banks where they know there are cameras and have a legitimate reason for trying to cash that check.
They did legitimate work and had no idea the person was committing fraud. So, regarding these fraudulent check cases and violating Penal Code §476, you must look at the surrounding circumstances.
If they've got you—maybe you're down on your luck, and you did something wrong—and they're going to be able to prove the case against you based on what you did, then obviously, we're going to try to either get a lesser charge or set it up so that we can eventually get your case dismissed.
You may have to perform community service or other types of work and pay the money back. In that case, we can help you regain your position before you were arrested, charged, and even convicted of check fraud.
So, the ball is in our court. We get you. We sit down. We give you an idea of what you're looking at, what you can do to help me, and what I'm going to do to help you, get you out of the criminal justice system as fast as possible, and get this check fraud case behind you.
With our dedicated efforts, we can work towards a positive resolution and help you move forward without the burden of a check fraud case.
Have you bounced a check lately? If you know you have insufficient funds to cover the check's amount, you may be charged with check fraud. At the Hedding Law Firm, our Los Angeles criminal lawyers have handled thousands of fraud cases and have the experience and qualifications to help you effectively.
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