Writing a check when you know you do not have the funds to cover it is charged as Check Fraud in Greeley and Weld County. A Fremont County employee recently pled guilty to Fraud by Check after writing county checks from accounts that did not have the funds to cover it. According to the report, the woman was initially investigated for Theft after over $200,000 was converted from public money to her own personal. Through the investigation, it was discovered that she had started paying the money back, so the felony Theft charges were dropped. While it was not disclosed the amount she had written the check for, she ended up with a misdemeanor Check Fraud conviction.
Weld County Fraud by Check Lawyer: Definition of Check Fraud in Logan and Morgan County
The Weld, Morgan, and Logan County, Colorado law definition of Fraud by Check – C.R.S. 18-5-205 – is:
The key to this crime is intent. If you are not good at keeping track of your finances and write a check thinking you have the money, but the check ends up bouncing – did you intend to defraud? Intent is a hard point to prove or disprove, but an experienced defense attorney can argue your specific situation and the intent behind your actions.
Sentence for Check Fraud in Erie and Evans
Like Theft, Check Fraud can be a petty offense, misdemeanor, or felony depending on the amount you write the check for. Fraud by Check is:
- A class 1 petty offense for a check less than $50;
- A class 3 misdemeanor for a check for $50 – $299;
- A class 2 misdemeanor for a check for $300 – $749;
- A class 1 misdemeanor for a check for $750 – $1,999;
- A class 6 felony for a check for $2,000 or more.
The above ranges also apply if the person writes two checks within a 60 days period – the sum of the two checks would determine the punishment level. You can also get charged with a class 6 felony for writing a check from a fake account or an account that has been closed for 30 days or more.
If you or someone you love has been charged with Check Fraud, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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