Check Fraud Defense Attorney in Houston: Brazoria, Ft. Bend, Galveston, Harris & Montgomery Counties
Is there a difference between a hot check, a bounced check, a worthless check, or a debit card transaction that goes through despite an account having insufficient funds to settle a retail purchase?
Check fraud is a white-collar crime that can result into major headaches for a defendant who is caught trying to pass a bad check. The most simple mechanics of check fraud involve using some sort of financial instrument tied to a bank account that does not have sufficient funds to settle the transaction. The most common example involves someone who gets cash in exchange for, or purchases an item with, an insufficient check.
The criminal actions associated with fraudulent checks range from writing illegal financial instruments to criminal impersonation and theft. Depending on the jurisdiction, the amount indicated on the unlawful check and the circumstances surrounding the alleged offense, writing bad checks could result on misdemeanor or felony charges.
Consequences of Writing Hot Checks in Houston
In Texas jurisdictions, bad checks under $1,500 are considered misdemeanor offenses. When defendants are accused of having received cash or goods in exchange for their sham checks, theft charges may be added. Defendants whose bad checks are $500 or less could face six-month prison sentences, but first-time offenders are often granted suspensions of their jail terms.
When bad checks exceed $1,500, they can be prosecuted as felonies and could result in prison sentences of up to 24 months in addition to considerable fines.
Potential Defenses Against Bad Check Charges
Houston criminal defense attorneys often approach these cases with a very critical eye. Writing a check may seem like a simple act, but lawyers see them as complex financial transactions. Presumption and intent are crucial factors in these cases, and these are two areas that defense focus on. The actions of the defendant after the alleged bad check was passed are also scrutinized for the purpose of establishing the absence of malicious intent
If you have been accused of committing insufficient funds fraud in Texas, then you could be facing some heavy fines and penalties. If this is the case, then get a hold of Greg Tsioros today by calling (832) 752-5972.