Denver Check Fraud Lawyer
While accidental mishaps do occur with balancing checkbooks, there is also specific intent to defraud the payee. While this may not be your intent, you can still be charged with the crime, just because of unforeseen errors.
Any person, knowing he or she has insufficient funds with the bank, who with intent to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money, property or other things of value, commits fraud by check. (C.R.S 18-5-205).
Fraud By Check Is:
- If less than a sum of $500, a class 2 misdemeanor
- If a sum of more than $500, but less than $1,000, a class 1 misdemeanor
- If the sum is more than $1,000, or if the offender has been previously convicted twice of check fraud or a similar crime, a class 6 felony
- A class 6 felony is also committed if the fraudulent check was drawn on an account that did not exist, or has been closed for 30 or more days before the check was written
Any person, to whom a check was written, has the ability to file a complaint if the check is unable to be paid. If a false check is written, the bank is not held liable for releasing to the police or any other government investigation information about the account, and access to records. (C.R.S 18-5-205 (3, 4, 7).
Specific intent to defraud the payee must be proven by the prosecution in a case. We’ll help you prove your lack of intent to commit fraud. If you or a loved one has been contacted by the police regarding check fraud, exercise the right to remain silent and call O’Malley and Sawyer, LLC at 303-731-0719. We’ve been fighting for our clients’ innocence to check fraud in Adams, Denver, Arapahoe, Jefferson, Douglas and other Colorado counties in hundreds of cases. Together, we can protect your future.