Bad Checks Law – California Penal Code 476a
California Penal Code 476a criminalizes passing bad checks and could lead to harsh penalties. Some people are under the false impression that writing or passing bad checks for inexpensive items is just a minor crime with minimal consequences. However, if you intentionally bounce bad checks, you could face criminal prosecution and jail time.
In other words, PC 476a makes it a theft crime to present a check to a business when you know there are insufficient funds in the account – and you had the intent to commit fraud.
It should be noted that the primary factor in proving a Penal Code 476a case is that you knew your bank account didn't have the funds to cover the full amount of the check when it was presented.
It should also be noted that PC 476a cases also include a situation where you just attempt to pass a bad check in order to defraud someone – even if the check was not accepted. If a prosecutor can prove you knowingly wrote a bad check with intent to deceive anyone out of property or money, you could be convicted.
Writing or passing bad checks occurs the very moment you write a check for any amount you knew you didn't have in the account. PC 476a is another California “wobbler” crime, as the prosecutor has the discretion to file misdemeanor or felony charges—typically based on the details of the case and prior criminal record.
Our criminal defense lawyers are providing an overview below to help readers better understand the writing or passing of bad checks law described under Penal Code 476a.
Definition of PC 476a Writing or Passing Bad Checks
California Penal Code 476a defines writing or passing bad checks as follows:
Anyone who willfully, with intent to defraud, makes or delivers a check for the payment of money when they know at the time there are not sufficient funds for full payment of the check.
In order for the prosecutor to convict you of Penal Code 476a, they must be able to prove – beyond a reasonable doubt – all the elements of the crime listed under CALCRIM 1970 Jury Instructions:
- You willfully wrote, delivered, and presented a check
- You knew there were not sufficient funds to cover the full amount of the check
- You acted willfully and had a specific intent to defraud
These elements of the crime warrant further discussion. First, “willfully” writing, presenting, or attempting to use a bad check means it was a willful act – on purpose and deliberate – not a simple mistake.
It should be noted that attempting to use a bad check means the prosecutor has to show that you attempted to trick the payee into believing it was a valid check that could cover the full amount.
The prosecutor also has to prove you had a specific intent to defraud, simply meaning that at the time you wrote the check, you intended to defraud the payee of the money. It's crucial to note that it's not required that you successfully passed the bad check transaction—only that the attempt to defraud was made.
California Penal Code 476 check fraud, is a closely related crime to Penal Code 476a, writing or passing a bad check. What's the difference?
PC 476 check fraud primarily deals with making, passing, or attempting to pass fake, fictitious, or altered checks with the intent to defraud somebody out of money or property. Penal Code 476a primarily deals with real checks you pass or attempt to pass with insufficient funds.
Penalties for PC 476a Bad Checks
As stated above, writing or passing bad checks in violation of California Penal Code 476a is a “wobbler” crime that can be filed as either a misdemeanor or felony case. A prosecutor will typically base their decision on the severity of the crime and your prior criminal record.
It should be noted that PC 476a penalizes criminal intent – not an actual outcome. If convicted of a misdemeanor, you are facing up to one year in county jail and a $1,000 fine. This penalty would apply if the check was under $450 and you don't have a prior PC 476a conviction or a conviction for any of the following California crimes:
- Penal Code 470 – Forgery
- Penal Code 476 – Check Fraud
- Penal Code 484 – Petty theft
- Penal Code 487 – Grand Theft
- Any counterfeit or forgery offense
- Any similar type of conviction from another state
If convicted of a felony case of PC 476a writing or passing bad checks, you could face up to three years in California state prison, a $10,000 fine, and an order to pay full restitution.
It should be noted the Los Angeles District Attorney's office might allow you to participate in a diversion program to avoid jail time. If you complete the program and pay restitution to the victim, you could get the charges dismissed.
Fighting PC 476a Passing Bad Check Charges
Suppose you are facing writing or passing bad check charges in violation of California Penal Code 476. In that case, our Los Angeles criminal defense lawyer can use a wide range of strategies to obtain the best possible outcome on the case. The most common defenses include:
The belief there were sufficient funds
We might be able to make a reasonable argument that you believed there were sufficient funds in your account when you wrote the check. Recall that the elements of the crime above state that the prosecutor has the burden of proof to show that you knew there were insufficient funds in the account.
No Intent to Defraud
It should be noted that this law is designed to penalize those who intentionally attempt to defraud someone out of money or property. Perhaps we can show that it was a mistake, not an intentional act.
Mistaken identity
We might be able to argue that you are actually the victim of mistaken identity. Identity theft is common, and perhaps we could show that someone else attempted to pass a bad check using and signing your name.
If you are under investigation or already charged with writing or passing bad checks under California Penal Code 476a, call our Los Angeles criminal defense lawyers to review the details and options.
Cron, Israels & Stark is a criminal defense law firm with a record of success defending clients against all types of theft crime charges. We are located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We offer a free case evaluation at (424) 372-3112.