Check fraud crimes are among the most serious white-collar offenses in Virginia. If you are guilty of this crime, you can face misdemeanor or felony charges. Courts charge fraud offenses aggressively and can impose a jail or prison term upon conviction. A conviction can also attract a permanent criminal record. You should consult an experienced criminal defense attorney if you face check fraud charges. We have a reputable team of attorneys at the Virginia Criminal Attorney who can help you develop a winning defense against your charges.

Understanding Check Fraud

The Consumer Protection Section in Virginia sensitizes people on fraud. This is a department in the Attorney General's office. It is also involved in carrying out investigations and responding to the complaints filed by consumers on issues like:

  • Phone scams
  • Mortgage fraud
  • Bank fraud and
  • Bad checks

The Consumer Protection Section also established a hotline, which enables the public to notify the relevant authorities about check fraud. Given the seriousness of the offense and its potential to cause huge losses, the laws dealing with fraud cases continue to get stricter.

Check fraud can constitute various acts of violation of the Virginia statutes on fraud. This can include passing, making, or possessing a fake or altered check with intent to defraud an individual or entity. Most people commit fraud crimes intending to gain money from the check. Very few incidents go undetected, and banking institutions often detect the majority of the cases. An individual can also commit check fraud by issuing and forging bad checks.

Issuing a Bad Check

The Virginia Criminal Code encompasses various statutes against fraud, larceny, and theft. This category of state offenses also includes crimes like issuing bad checks. According to the law, you will face criminal punishment if you intentionally issue a check with insufficient funds.

A bad check is defined under Virginia Code Section 18.2-181. Drafts, checks, and other financial instruments that are executed intentionally and with fraudulent intent fall under bad checks. You can issue a bad check to obtain credit or money.

There are various elements to Virginia's bad check statute. The requirement of fraudulent intent is one of the elements. You can be guilty of violating Section 18.2-181 if you use or try to use a bad check to further theft, fraud, or a similar crime.

Another key element of bad check law is the knowledge requirement. If you were aware there was insufficient money in your account when you wrote a check, you can face charges for issuing a bad check.

Under Section 18.2-181, you can face penalties if you issue a bad check or similar instrument to commit fraud. The judge will impose the punishment depending on the amount of money involved. You will face a Class 1 misdemeanor charge if you issue a bad check worth less than $1,000. This offense attracts a jail term that does not exceed one year in a county jail. The court can also impose a fine that does not exceed $2,500.

You will face a Class 6 felony charge if you issue a bad check worth more than $1,000. In this case, you can face a jail term that does not exceed five years in a state prison. You can also face a fine that does not exceed $2,500.

Penalties For Issuing Multiple Bad Checks

Under the Virginia Code Section 18.2-181, it is a serious crime to issue multiple back checks within 90 days. You can be guilty of violating this statute if you fraudulently issue multiple bad checks within 90 days that are worth $1,000 or more. Additionally, the alleged bad checks must be:

  • Made payable to the same person, company, or corporation
  • From a similar account of any bank, trust company, banking institution, or similar depository

You will face Class 6 felony charges if you violate Section 18.2-181.1. The court can impose a maximum punishment of imprisonment of not more than five years in a state prison and a fine not exceeding $2,500.

Paying Taxes With Bad Checks

It is an offense under Virginia Code 18.2-182 to issue bad checks as a way of paying taxes. In this case, you can face a Class 1 misdemeanor charge. This offense will attract a jail term that does not exceed one year in a county jail. You could also face a fine that does not exceed $2,500

Forging a Check

The offense of forging a check involves altering or making a false version of a legal document to defraud another person. You can face charges for this offense if you use a forged check to defraud an individual or entity. Forgery offenses can apply to legal instruments like currency, money, and public records. The fraud law categorizes forging as follows:

Forging Writings

You can face charges under Virginia Code 18.2-172 if you forge writings like banknotes or public records to prejudice another person's rights. The court will charge you with this crime if you know the writing was forged. This law also defines forging as using false pretense or any token to secure another person's signature with fraudulent intent.

Forging Bank Notes Or Coins

Under VA Code 18.2-170, it is an offense to forge any coin, bill, or note used in Virginia or issued by a banking company. You can also be guilty of committing this offense if you make a base coin, bill, or note for it to appear like a banknote or bill of a banking institution that is not in existence. The court can also charge you for receiving on sale a false or forged base coin, note, or bill when you are aware that it is tampered with.

Penalties For Forging A Check

You will face a Class 5 felony charge under VA Code 18.2-172 if you commit any act of forgery, including check forgery. This charge attracts a jail term that does not exceed ten years in a state prison. However, you will face a jail term that does not exceed one year in case of a jury's discretion or if the court charges you in the absence of a jury. The court can also impose a fine that does not exceed $2,500.

The Evidence That The Prosecutor Can Use To Develop Check Fraud Case

Courts only allow evidence relevant to a case to be presented in court. Evidence can only be relevant if it disapproves or proves an element of a particular offense. In this case, the prosecutor can base their evidence on the following objects or circumstances:

  • If there are any records of your past fraud convictions
  • Proof that you changed a check with the intention of defrauding
  • Evidence  showing that the bad check you presented was rejected
  • Any reliable witness willing to provide evidence under VA Code 8.01-396

The court will only accept evidence that is relevant to your case if it is convincing and reliable. The judge will also assess the witnesses' credibility and the source of the evidence. He/she will also determine if the evidence is direct or circumstantial. Direct evidence is usually considered substantial because it proves a fact directly. On the other hand, circumstantial evidence proves a fact indirectly.

The Documents Prosecutors Depend On To File Check Fraud Charges

When filing check fraud charges against you, the prosecutor can rely on the notice you received for issuing a bad check, draft, or order as evidence. The notice is usually evidenced by a return receipt that shows your last known address. You will be guilty of check fraud if the address noted on the return receipt matches your previous known address. The notice will serve as evidence under VA 18.2-183 for proving knowledge and intent to commit fraud.

The prosecutor will conclude that you intended to defraud an institution if you made a fraudulent check to a banking institution where you do not have an account. In this situation, the prosecutor will not depend on the notice to file check fraud charges against you. He/she will rely on the fact that your name is not on the list of the bank's account holders.

Notifications like "not sufficient funds," "uncollected funds," "account closed," and "no account in this name" are always attached to bad checks, drafts, or orders. These notifications can imply that the banking institution rejected your check, draft, or order because you did not have sufficient funds or credit in your account. The prosecutor can use these notifications under VA 18.2-184 as evidence to file check fraud charges against you.

Defenses to Check Fraud

A criminal defense attorney can assist you in negotiating to reduce or drop your charges by employing different defense strategies in your favor. You should share your side of the case with your attorney. Disclosing information helps your attorney create a defense appropriate for your charges. The following are some of the defenses you and your attorney can present:

Police Misconduct

Police misconduct can be used as a legal defense in your favor if the police violated your constitutional rights during or after your arrest. In this situation, your attorney can claim that the law enforcement planted evidence and embellished facts in their crime reports or courtroom testimonies. Police misconduct can also involve using Tasers or pepper spray to have you confess. Your attorney has leverage towards challenging your charges if he/she can prove the acts of police misconduct.

No Evidence Of An Altered Check Fraud

One way to show that the check you presented is not fraudulent is to involve a handwriting expert. Your attorney can reach out to an expert to testify as an expert witness in your favor. The expert's testimony must be based on the assessments made on the said check and your handwriting. Additionally, the handwriting expert's statements can only be admissible in court if the expert has undergone forensic training.

You Are A Victim Of Mistaken Identity

A mistaken identity defense can assist you in proving your innocence if there is another criminal who altered or made the fraudulent check. Your attorney can argue that you did not discover that the check you were trying to present was fake or altered. The actual offender will be held responsible instead of you if the court admits your attorney's argument. Your attorney can also seek the services of a private investigator to establish the identity of the person who committed the offense.

You Are A Victim Of False Accusations

There can be a possibility that you were accused falsely even if the prosecutor tries to accuse you of check fraud. Your attorney can fight the prosecutor's allegations by showing that another person implicated you in the offense to avoid taking responsibility for their actions. Someone can plant a fraudulent check in your office or house without your knowledge and accuse you of check fraud.

You will only face check fraud charges if you are aware of the check and intend to use the fraudulent check. Your attorney can argue that you are a victim of false accusation if the prosecutor fails to provide evidence to prove the allegations against you beyond a reasonable doubt. The judge can reduce or drop the allegations leveled against you if your attorney is persuasive enough.

Lack Of Fraudulent Intent

The prosecutor can base your check fraud charges on the fact that you had the intention of defrauding another person. The prosecutor is likely to find no intent in the investigation because intent is among the elements of an offense that are hard to prove. Your attorney can claim you had permission to sign another person's name or alter the check. This defense can lead to the dismissal of your charges.

The prosecutor can also prove intent to defraud by showing that the forged check was fraudulent. In this situation, he/she must provide sufficient evidence that you intended to use the forged check to deprive another person of their legal right, property, or money. The court cannot charge you with a forged check offense if the check-in question is not a fraudulent check.

Offenses Related To Check Fraud

A conviction for check fraud can also be charged alongside other offenses like:

Obtaining Money Or Signature By False Pretense - Virginia Code 18.2-178

All forms of theft are taken seriously in Virginia. The court will judge you harshly whether you take someone else's money by breaking into their house, deceiving them into handing it over or threatening them. You will be charged with larceny if you obtain cash by pretense. In this case, you can face misdemeanor or felony charges depending on the amount of money or property involved.

It is an offense under VA Code 18.2-178 to use false pretense or token to defraud or obtain money, a gift, or other property. However, the prosecutor must prove the following elements if he/she accuses you of obtaining money by false pretense:

  • You intended to defraud someone else or persons
  • You committed actual fraud on one individual or several people
  • You used pretense

It is also a crime under VA Code 18.2-178 to use false pretense or tokens to obtain someone else's signature in writing; falsity makes the signature a forgery. This offense is usually treated as a Class 4 felony, and it can attract a jail term of up to ten years in a state prison. You can also face a fine that does not exceed $100,000

You will face misdemeanor or felony charges if you obtain money by pretense. The specific charges will depend on the amount of money or property. The court will charge you with petty larceny if you take property worth less than $200. This offense is always treated as a Class 1 misdemeanor. In this case, you could face a jail term of up to one year in a county jail. The court can also order you to pay a fine of up to $2,500.

You will face grand larceny charges if you steal more than $200 worth of money or property. This offense is a felony. In this case, the court can sentence you to up to 20 years in a state prison and impose significant fines. Upon conviction, the court can also order you to pay the victim or the victim's restitution.

You can present the following defenses against VA 18.2-178 charges:

  • The false pretense you used did not play a part in obtaining property or money
  • No intent to defraud any person

Identity Theft - VA Code 18.2-186.3

It is an offense for you to access, record, or obtain personal identifying details without the owner's consent. You can also face VA Code 18.2-186.3 charges if you use someone else's identifying details without their permission. Identity theft with the intention to sell or distribute is also an offense under this law.

Identity theft offenses can be charged as a Class 1 misdemeanor under VA Code 18.2-186.3D. You will face a Class 6 felony charge if you violate VA Codes 18.2-186.3A and 18.2-186.3B. The court will only charge you if the loss resulting from your actions is over $200. You can also be charged with a Class 6 felony, a violation of VA Code 18.2-186.3B, where the identifying details belonging to five or more individuals are involved. The judge can impose a jail term of up to five years for a Class 6 felony. You can also face a fine that does not exceed $2,500.

If your actions affect 50 or more people, you will face a Class 4 felony charge for identity theft. The charges can result in a jail term of up to ten years and a fine of up to $100,000.

The judge can grant you probation based on the nature of your offense. In this case, probation can be deemed an immediate repercussion of an identity theft offense. While on probation, the court can order you to undertake theft classes, community service, or check in with a probation officer.

The defenses you can use to fight identity theft charges include the following:

  • You are a victim of mistaken identity
  • Coerced confession
  • You had permission to use the victim's details

Unauthorized Use Of Another Person's Name Or Picture - VA Code 18.2-216.1

It is a crime under VA Code 18.2-216.1 to use another person's name or picture without their permission. In this context, permission must be in the form of writing. You must also secure permission from relatives to use a person's name or picture if the person is deceased. A person, company, or corporation that commits this offense will face misdemeanor charges. Misdemeanor charges can attract a fine ranging from $50 to $1,000.

The defense you can present against VA Code 18.2-216.1 charges includes:

  • You are a victim of mistaken identity
  • You are a victim of police misconduct
  • You had consent to use the name or signature
  • You are a victim of false accusations

Using Another Person's Identity With Intent To Harass, Coerce, Or Intimidate — VA Code 18.2-186.4

You can face charges under VA Code 18.2-186.4 if you use someone else's identifying information to harass, intimidate, or coerce them. The identifying details include the person's photograph, name, or primary residence address. You will face a Class 2 misdemeanor charge if you are guilty of this offense. The court can enhance your charges to a Class 6 felony if the victim is a police officer. This crime can attract a jail term that does not exceed six months in a county jail.

Defenses for violating VA Code 18.2-186.4 can include:

  • No intent
  • You are a victim of mistaken identity

Find A Criminal Defense Attorney Near Me

Check fraud is a serious offense in Virginia, and a conviction for this offense can have far-reaching implications. If you face check fraud charges, you should contact an experienced criminal defense attorney to help you fight the charges. The offense can be charged as a misdemeanor or felony depending on the facts of the case and the loss the victim incurs. For legal representation, you can contact the Virginia Criminal Attorney. We will evaluate your case and help you create a convincing legal defense. Contact us today at 703-718-5533 to talk to one of our attorneys.