Understanding Bad Check Laws in Washington State
Writing a bad check can have serious legal consequences in Washington State. Under Washington law, issuing a check, draft, or order for payment without sufficient funds or credit with the intent to defraud can result in criminal charges. Here’s what you need to know about bad checks and the potential penalties you may face.
What Constitutes a Bad Check?
In Washington, a check is considered “bad” when it is drawn on an account that lacks sufficient funds to cover the amount when presented for payment. The law makes it clear that both the intent to defraud and knowledge of insufficient funds are critical components of this offense.
Key Sections of the Law
- Intent to Defraud: According to RCW 9A.56.060, a person who makes, draws, utters, or delivers a check knowing they do not have sufficient funds or credit is guilty of a crime. The intent to defraud is a crucial element that prosecutors must prove.
- Penalties: The consequences of issuing bad checks vary depending on the amount:
- Under $100: A first offense is a misdemeanor punishable by up to 93 days in jail or a fine of up to $500.
- $100 to $500: A first or second offense is a misdemeanor with a maximum penalty of one year in jail or a fine up to $1,000.
- Over $500: This is classified as a felony, with penalties up to two years in prison and fines of up to $2,000.
- Repeat Offenders: If you have prior convictions for bad checks, the penalties can increase significantly. Repeat offenders may face felony charges even for lower amounts.
Evidence of Intent
The law recognizes certain actions as prima facie evidence of intent to defraud. If a check is returned unpaid, and the issuer does not rectify the situation within five days of notification, it can be assumed that the issuer had knowledge of insufficient funds at the time of writing the check.
Additionally, if three or more bad checks are issued within ten days, this can also lead to felony charges, regardless of the amount involved.
What Should You Do if Charged?
If you find yourself facing charges related to bad checks, it’s crucial to seek legal assistance immediately. A knowledgeable attorney can help navigate the complexities of the law, assess your case, and develop a defense strategy.
At the Law Office of Erin Bradley McAleer, we understand the implications of bad check charges and are committed to protecting your rights. Whether it’s negotiating with prosecutors or representing you in court, we are here to help.
Contact Us
Don’t let a bad check charge jeopardize your future. If you have questions or need legal assistance, call the Law Office of Erin Bradley McAleer at (360) 334-6277. Your first consultation is free, and we’re here to guide you through this challenging time.