Check Fraud in Anaheim
In the state of California, check fraud is a common and frequently charged violation of the broader category of ‘California fraud offenses.’
In Anaheim, you can be charged with check fraud under Penal Code 476, if you have the fraudulent intention to gain value through certain fraudulent activities involving faking, forging or altering a check. The fraudulent activities for which you may seek to gain value from include:
- Making, or attempting to make,
- Writing, or attempting to write,
- Passing, or attempt to pass,
Check fraud can either be charged as a misdemeanor or a felony offense. The prosecutor’s decision to file the case as a felony or as a misdemeanor will depend on two main factors including:
- The suspect's criminal history especially with regard to other theft crimes and
- The specifics of the case in question
The penalties for a misdemeanor are usually 1-year in county jail and a fine of up to $1,000, while the penalties for a felony charge include up to 3-years in county jail and a fine of up to $10,000.Defenses against check fraud
If you are charged with check fraud, it is important that you find a defense attorney with experience and a good track record of success in check fraud defenses. The attorney will explore the following defense strategies on your behalf:
- You had no fraudulent intent
- You did have consent/permission from the issuer of the check to alter the check
- It wasn’t you who altered the check
There are, of course, several other defense strategies that an accomplished defense attorney can use to defend your case.
If you are being investigated for check fraud is is very important that you contact an attorney early on to protect your rights. Call our law office now to talk to a lawyer about your check fraud case.