The Crime Of Issuing A Bad Check
If you write a bad check in New York, you are guilty of committing a crime. Writing a check that ends up bouncing or cannot be honored can result in criminal penalties, and, sometimes, even civil penalties. In New York, being convicted of issuing a bad check can result in you facing consequences that go beyond jail time. If found guilty of issuing a bad check, you could spend up to three months in jail. Three months is not a long time, right? Well, keep in mind that, on top of spending three months in jail, you could lose your professional licenses and place your immigration status (if applicable) in jeopardy if convicted of the crime of issuing a bad check. Because of this, it is crucial that, if you are being accused of issuing a bad check in New York, you hire a skilled attorney who can defend you.
What Constitutes Issuing a Bad Check in New York?
Simply put, the offense of issuing a bad check occurs when an individual intentionally writes or issues a check for an amount that they know is not available in the bank account that is supposed to pay out the money. In New York specifically, according to New York Penal Law 190.05, you commit the offense of issuing a bad check when you utter or pass a check knowing that the drawer doesn’t have enough money with the drawer to cover the check. In addition, for a person to be found guilty of issuing a bad check in New York, it must be shown that, at the time the person uttered or passed the check, they believed the drawee would deny payment upon presentation of the check. It must also be shown that payment was, in fact, refused by the drawee.
Penalties for Issuing a Bad Check in New York
The crime of issuing a bad check in New York is a class B misdemeanor. Such a misdemeanor can attract a jail time of up to ninety days and a monetary fine. Usually, the monetary fine a person pays if found guilty of issuing a bad check in New York depends on the check’s face value.
On top of criminal penalties, you may be subject to civil penalties if you are being accused of issuing a bad check. An individual or a financial institution that receives a bad check can decide to file a civil lawsuit in court. Such a civil lawsuit may result in you being asked to pay the check’s face value and costs such as attorney fees and court costs.
If you are found guilty of issuing a bad check, the bank might require you to pay a fee. A bounced check penalty from a bank can cost up to $35. If found guilty of issuing bad checks repeatedly, the bank might close down your accounts.
Additionally, being convicted of issuing a bad check can result in, among other consequences, you losing your professional licenses and placing your immigration status (if applicable) in jeopardy.
Contact an NYC White Collar Crimes Attorney
If you are being accused of issuing a bad check in New York City or anywhere in New York State, contact the experienced NYC criminal attorney, Mark I. Cohen, Esq. today at 212-732-0002 to discuss your case.