Check fraud

Asked over 6 years ago - Georgia

how much prison time do you get from check fraud?

Additional information

found a check filled it out to his name for 4000 first offense no prior record

Attorney answers (4)

  1. James Wrixam McIlvaine

    Contributor Level 10

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    Answered . It depends on the nature of the charges.

    If the charge is based on a forged check, i.e. forgery, that charge carries a prison sentence between 1 and 10 years. However, forgery sentences can be probated. Therefore, if it is your first forgery, and you have no prior felony record, than you are likely to be offerred a probated sentence from the District Attorney's office. However, each case is different and there is not guarantee what your offer would be. If you take it to trial and lose you could face anywhere from probation up to 10 years in prison. A person commits the offense of forgery in the first degree when with intent to defraud he knowingly makes, alters, or possesses any writing in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing.

    If the charge is deposit account fraud, and the amount is below $500, the charge is generally a misdemeanor charge punishable by no more than one year in jail for each bad check. Amounts over $300 and less than $500 can be deemed misdemeanors of a high and aggravated nature subjecting those found guilty to more severe punishment - including up to a $5,000 fine as well as up to a year in jail. A person commits the offense of deposit account fraud when such person makes, draws, utters, executes, or delivers an instrument for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee.

    In my judicial circuit - those who plea guilty generally receive one year of probation for each bad check. Additionally, once restitution is made, probation is terminated. Furthermore, those charged have an opportunity to pay back what is owed before trial and the case is often dismissed.

    I say the above with several caveats:

    First, if the bad check was written on an out-of-state check, Georgia regards that as a felony punishable anywhere from 1 to 5 years in prison.

    Second, if a single bad check is written for an amount exceeding $500, Georgia regards that as a felony punishable anywhere from 1 to 3 years in prison.

    Third, every judicial circuit is different and the sentencing practices of one circuit may be different than others.

    You should discuss with your attorney the specifics of your case including your criminal history, if any, and all other aspects of your situation to determine whether you have any viable defenses, what your specific sentencing range would be based on your situation (if you were found guilty) and to explore all of the options available to you.

  2. Carl Santos Cansino

    Contributor Level 13

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    Answered . If what you're asking is about deposit account fraud, then the answer to your question is that if the face amount of the check was less than $500.00 then it is a misdemeanor. The maximum possible jail time for a misdemeanor is 12 months in the county jail and the minimum is a monetary fine. If the check was for more than $500.00 then it is a felony punishable by a maximum of 3 years in prison and a minimum of 1 year on probation. If the check was drawn on an out of state bank, then the punishment is maximum of five years in prison and min. of one year on probation.

    If you're talking about forgery in the first degree. That is a felony and is punishable by a minimum of one year on probation and a maximum of 10 years in prison.

    Hope this helps.

  3. McCracken Poston

    Contributor Level 8

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    Answered . It depends on what your specific charge is to determine what possible sentencing range applies.
    McP

  4. John Andrew Campanella

    Contributor Level 10

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    Lawyers agree

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    Answered . That would depend on a number of factors such as:
    Do you have any prior criminal history?
    Are we talking about one indecent?
    How much money was involved?
    Has the victim been paid back?
    It is possible to receive probation and not even do any prison time.

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